ML20125B097

Contract: Implementation of Supply & Maint Subsys of Property & Supply Sys Awarded to Small Business Administration.Subcontracted to Technassociates,Inc

ML20125B097
Person / Time
Issue date:	09/28/1979
From:	Chisholm J, Mattia M, Ythier P NRC OFFICE OF ADMINISTRATION (ADM), SMALL BUSINESS ADMINISTRATION, TECHNASSOCIATES, INC.
To:
Shared Package
ML20125B096	List: ML20125B092 ML20125B097
References
CON-NRC-10-79-660 NUDOCS 7910220408
Download: ML20125B097 (107)

Text

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d a 2-SPECIAL PROVISIONS FOR SUBCONTRACTS SL*PPLIES/ SERVICES / CONSTRUCTION ~.... The Small Business Administration (hereinafter called SBA) entered into Contract No. NRC-10-79-660 (hereinafter called NRC) for " Implementation of the Supply and Maintenance Subsystems of the Property and Supply System" as more specifically described therein. a ecpy of said prime contract is attached hereto and made a part hereof. The parties agree that Technassociates, Inc. (hereinafter called the Subcontractor) shall for and in the stead of SBA fulfill and perform all of the requirements of the prime contract for the consideration stated therein. The Subcontractor acknowledges that it has read and is familiar with each and every part of the prime contract. It is expressly understood and agreed that the GENERAL PROVISIONS are applicable to the Subcontractor. Payment (s) will be made directly to the Subcontractor by NRC. The Subcontractor further understands and agrees that the responsibility for administering this subcontract has been delegated to the agency specified in. Block 6 of Standard Form 25 and that Subcontractor will honor directions of the recuests for changes by that installation in like manner as if issued by SBA. In light of the purpose for which award is herein authorized, i.e., to assist the Subcentra: tor award achievement of viability, the Subcontractor agrees not to further subcontract any of the perfcrmance of the above named (supplies / services / construction) not already provided for in his proposal at the time of acceptance without prior written approval of the SBA contracting o f fi cer. Failure to comply with this provision may be a cause for termination of this contract for default. gh eM s -94 e 'M e4 OM$Y Mr 9@% M e O AW -

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l 12 PAYMtNT WILL BF MAO! Sy CODE l U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Division of ADP Support, Attn: A. Frost Office of the Controller 7920 Norfolk Avenue Division of Accounting .Bethesda, MD ' 20014 Washincton. DC 20555 O'ous.:.22oi>i is rms PrOcuna.e~r was O Aovennsto. G Nicofiario. PursuANI to, Q u use.2s2i.g1:5) and 15 U.S.C. 637(a) la ACCQVNhNG AND APHOnlAllCN D ATA Appropriation symbol: 31X0200.409 B&R No.: 4?-20-25-702 $110,884.00 l i. i r. is. i t. 2o. is IflM NO SUPetit1/ 5f f v'Ct3 CU ANhf f UNIT UNif PflCf A.aOUNI " Implementation of the Supply and Maintenance Subsystems of the Property and Supply System" 21 toy 4t Ayoydf of coa.frAct $ eFE A R 'PT I-? t-T?r s CtnTR.icil% GIIILFR tt'll.L CO3tl*l.lTE III.DCK 2: UR 26 AS Al'l*llCAllik } CcNtssCron s aetconatto AcettsstNT (Gerr.o.rer n r.ruored te age t s Q Aw Ano I Co.".o.ser u ..t erf urerd ** uto ehn sfacume.t.) 22 Y..r * *

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SCOPE OF UORK Terms and Conditions t ARTICLC I - SCOPE OF WORK A. BACPGROUf!D N,

1. An NRC contractor has' developed the Property Subsystem of the Property and Supply Syste:n (PASS), which is currently operaticnal on a Data General Eclipse C320 minicor.:puter.

2. Functional and Data Base Requirements, System Design Speci-fications and Program Specifications for the Supply and Maint-enance. Subsystems of the Property and Supply Sy. stem (PASS) have been completed.

3. References.

Property and Supply System User Requirements,* dated August 1977. Supply and Maintenance subsystem Functional Specifica-tions, dated August 1978 Prooerty and Supply System User / Operations Manual, dated May 1978. Property and Supply System Program Maintenance Manual, 1 dated May 1978. NRC Automated Information System: - System Documentation Guidelines. Published by the Division of ADP Support, Office of Administration, July 19, 1976. Supply and' Maintenance Subsystem Design Specifications. B. STATEMENT OF WORK

1. The contracteri snal,1 provide programming, implementation.

and documentation for the remainder of the development l effort on the Supply and Maintenance Subsystems of the I Property and Supply System (PASS). This effort will be contracted in its entirc*.y.

2. The system is an on-line interaccive system with minimal batch processing, all of which is under total operational control of the Property and Supply Branch, Division of Facilities and Operations, Office of Administration.

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T II e o C ft i : I: %A+ Task (1): Program Coding and Deb'ug:1; Computer programs will be coded and unit tested (debugged)-in this phase. All ADP Guidelines, standard

i converntions and industry accepted programming practices will be followed in the structuring of programs. Programs will follow structural' programming techniques; deviation from this practice must be approved by the NRC ADP Project Manager in writing. Procra

s rat following this practice will not be accepted as a deliverable under the contract.

Prior to initiating work under this task, the HRC will 1 allow ene contractor ten (10) working days to review applicable documentation. Program naming convention as defined in tne System Design Specifications will be adhered to. Establishment of system libraries will be coordinated with l t!RC Systems Programming Staff. All programs will be sufficiently tested prior to inclusion in overall System Test (Task 2). The Contractor will build test files with assistance of User Personnel, for all program debugging. Sy tem Testino: Once all programs havq been Task (2): thoroughly un;;t testea (debug) and the Contractor is com-fortable with the results of those tests, a complete system test should be run by the Contractor. The.results of the System Test shall be reviewed and approved by the COTR. ' l Upon acceptance of those tests, a separate system test will be' accomplished jointly by the Contractor, COTR and User Representative. The criterion for the system test is that it must demonstrate that PASS has the processing capability to perform the acceptance test including backup / recovery procedures. The contractor will provide a test plan prior to the System Test. A draft User Manual will be completed prior to the beginning of the acceptance tes ting. Upon completion of the testing, the contractor will submit a test analysis report and a plan / schedule for resolution of all identif ied problems

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+3t ~, a Tesi: (2): T ainino: Various levcis of training will be necessary fcr :.kL personnel associated with the System. The Contractor will develcp a training plan and schedule. This plan shall include training at a minimum for personnel responsible for the following aspects of the System. (a) User personnel who will maintain the Cata Base via Data Entry and Reports (b) User personnel wno only use the System for queries and reports (c) User ;ersonnel responsible for operation of equipnant, running system backups, initiating batch jobs, maintaining supolies, etc. (d) ADP personnel responsible for System Maintenance. The contractor will include a time phased training plan which will identif y who will be trained, when and for what purpose, for acceptance testing. Training Cou se outlines must be submitted by the Con-tractor to toe COTR for approval no less than two weeks prior to scheduled training. Task (4): Acc=otence Testinc: Upon satisfactory comple-tion of all system testing, training and data conversions, a period of acceptance testing will be initiated. This processing will be run parallel to the current operation of existing tystems and manual procecures. Realizing that the new system will contain capabilities not presently available anf that some functions currently performed will be significantly altered, the Contractor nust carefully plan for the acceptance test, to ensure that f1RC has suffi-cient information in order to evaluate the results of this process. ~ Every function of the System must be accomplishe'd during the acceptance test 70'iod in order for the User to (a) evaluate the results and (b) learn as much as possible about the use and. _ rations of the System. It may be necessary to run certain processes out of sequence in order to accomplish the objectives of the test. (e.g., Quarterly, Year-End Type reports.) The process will include testing of system cenerated tapes by those systems which have. interfaces with the PASS System. ' %h e4%*-o d.1

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• Task (5): Documentation:

All documentation will be prepared in accordance with existing NRC'ADP Guidelines. Documents such as the User Manual shall be available in DRAFT form prior to acceptance testing. The docunent will be revised as necessary I due to any problems encountered during the testing processes and delivered in final form within one month after completion of the acceptance test. C. RELIVERABLES Deliverables as a result of effort on this.;ontract, are as folleus: Task 1. Computer Program Listings with all options provided by MACR 0 " Syn" Task 2. Hard copy printouts of IFPL Screen Formats, Formatted File Listings, Test Plan, Test.inalysis Report and Plan (schedule for resolution of identified problems), Draft User Manual. Task 3. Training Plans, schedules and course cutlines. Task 4. Installation of PASS software on Property and Supply Branch Data General Eclipse for Production Processing. Task 5. System Maintenance Manual and User Manual in l final form. Final copies of all program listings, file. descriptions and libraries. D. GENERAL REQUIREMENTS 1. Progress Recorting 'Twice a month, written progress reports shall be submitted to NRC for review. The progress reports shall be due on the first and fifteenth day of eacS month. The Contractor shall submit to NRC a schedule of progress report due dates at the start of the project. The progress reports shall include the following items: (a) Project Name and Contract Number (b) Identification of each task and personnel assigned (c) Current Status of each task (d) Progress since previous report (c) Anticipated progress during next reporting period (f) Problems encountered or anticipated (f) Resolution of any previously reported problems. a ~

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( ( 5- ~ 4 2. GANTT Chart Contractor shall update GAITT Chart"at' start of project and fill in all Thereafter, the Contractor shall update applicable datos for all tasks. the chart on a twice monthly basis, reflecting progress as shown on GA!!TT Chart should reflect items partinent to tasks progress report. " cut-Off" dates for information to be supplied being performed, s::et as:- The Contractor by i:RC, review periods, and final cocument submission. should be aware that any slippage in critical tasks will require the Contractor to damon:+re+e an approach to recovery of performance. 3. Task Priority The Contractor shi.11 identify priority of tasks in his task schedule and note all tasks which cannot be started without acceptance and approval of previously completed tasks. 4. Project Status Meeting A project status meeting shall be held within two (2) days after receipt The Contractor should by itRC of the Contractor's written progress report. be prepared to discuss all items covered in thr. progress report, and should be prepared to give a brief oral presentation of the sys tem's progress. I ' *

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I l e r 6-ARTICLE II PERIOD OF PERFORMAt!CE l. The period of performance for work required hereunder shall commence as of the effective date of this contract and shall be completed within six (6) months after said effective date. I ARTICLE III - C0!:51DF.RATIOil l A. Estimated Cost, Fixed Fee And Oblication 1. It is estimated that the total cost to the Government for full performance of this contract will be$110,es4.00, of which the sum of $101,496.00 represents the estimated reimbursable costs,.and of which $9,338.00 represents the fixed fee. 2. There shall be no adjustment in the amount of the contractor's fixed fee by reason of differences between any estima.e of cost for performance cf the Ii work under this contract and the actual cost performance of that work. 3. The amuunt presently obligated by the Government with respect to this contract is $110,E84.00. B. Overhead /Ceneral and Administrative Rates 1.Pending the c:.tablishment of final overhead rates which shall be negotiated based j en audit of actual costs, the contractor shall be reimbursed for allowable indi-rect costs heraunder at the provisional rate of62.32 percent ofDirect Lab,r costs. 2.Pending the establishment of final general and administrative rates which shall be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect, costs hereunder at the provisional rate of 22.73 percent of Total Direct and Overhead Cost. AR,TICLE IV XEY PERS0i!!!El Pursuant to Clause rio. 40 - Key Personnel, the following individuals are considered to be essential to the successful performance of the work hereunder and shall not be replaced without the prior approval of the Contracting Officer. In such event, the Contractor agrees to substitute persons possessing substantially equal abilities and quaH fications to the Contracting Officer. E. Murray - Sr. Systens Analys: E. Clay - Systems Anal:s: I The Contractor shall notify the Contracting Officer or the COAR L thirty (30) days in ' advance of diverting any of these individu' ls. j a w. .a ..s.A

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( 7-ARTICLE V SCRVICE CONTDACT ACT WrCE DrTERMIMATION The following U. S. Department of Labor Register of Wage Determinttion.j~s attached hereto as Attacinent A and incorporated herein.by this reference: WAGE DETERMINATION NO. DATE 79-042 July 11, 1979 ARTICLE VI TECHNICAL DIRECTION AMD AUTHORIZED REPRESEMTATIVE A. The Contracting Officer may designate an authorized representative (C0AR) under this ccntract for the purpose of assuring that the services required under the contract are performed in accordance therewith. Any technical instructions issued shall be signed by the authorized representative of the NRC. As used herein, technical instructions are instructions to the Contractor which provide details, suggest possible lines of inquiry, or otherwise complete the general scope of work as set forth within, and shall not constitute new assignments of work or changes of such a nature as to justify an adjustment in fixed fee, cost or perforr.ance schedule. Such representative as may be appointed will be specially designated in writing to the Contractor from the Contracting Officer, including the extent of such designee's authority. B. A NRC user representative (03) will Be designated by the COAR upon execution of the contract. Such UR shall provide information to the contractor for regarding the

• Property and Supply Subsystem, as necessary. However, the CO and COAR are the only ind viduals authorized to grant the required approvals and/or issue technical instruction; as described herein.

ARTICLE VII SECURITY / CLASSIFICATION (Subject to Security Clearance) ~ A. The contractor and contractor's pe'sonnel will be governed r by the provisions of the Security / Classification Requirements, NRC Form 187, attached hereto and forming a part of this contract. (Attachment B ). Contractor personnel requiring "L" clearances will be required to complete necessary fornt for the processing of such clearances. The COAR shall provide necessary forms and guidance to the Contractor. B. Notwithstanding Clause 51 of the General Provisions ~ ~~~~ entitled " Security," to the contrary, and in addition thereto, the parties hereto agree that the COAR shall be the Authorized Classifier for all classi fied information cr material delivered under this contract and NRC shall provide classification guidance to the contractor as required in the performance of this contract. I l ~.cw s.

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i \\ s t 0 0 8-C. The contrcctor'and contractor's personnel will be governed by, and shall assign clissification markings to information or material, originated or generated by the contractor as determined by the C0AR. D. If subsequent to the date of ttis - 7 tract, the security level under the contract is changed by the Commission and such change causes an increase or decrease in the estimated cost or the time required for performance under this purchase order, the contract cost, delivery schedule, or both and any other provisions of the contract that may be affected shall be subject to an equitable adjustment by reason of such increased or decreased cost. ARTICLE VIII COMPUTER ACCESS /0FFICE SPACE A. The contractor shall have access to the NRC Data General Eclipse C330 computer for performance of work required hereunder. B. The NRC will provide the Contractor with the necessary. office space and furniture to accomplish the work required i hereunder. ARTICLE IX PERSCMMEL QUALIFICATI0MS All ADP personnel assigned to this effort must have experience or formal training on the Data General Eclipse C330 Computer utilizing RD0f, INFOS and IDEA. Resumes of proposed personnel must be submitted with the proposal. ARTICLE X GOVERNMENT-FURNISHED PROPERTY (Short Form) ~ A. The Government shall deliver to the Contractor, for use only in connection with the contract, the property described '~~ in the schedule or specifications (hereinafter referred to as " Government-furnished property"), at the times and ^- locations stated therein. If the Government-furnished property, suitable for its intended use, is not so delivered e %se sg ' *'

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.g. to the Centractor, the Cor.tracting Officer shall, upon timely written request made by the Contractor, and if the j facts warrant such action, equitably adjust any affected provision of.this contract pursuant to the procedures of the " Changes"Tclause.hercof. B. Title to Government-furnished property shall remain in the Government. The Contractor shall maintain adecuate property control records of Government-furnished property in accordance with sound industrial pr'actice. l C. Unless otherwise provided in this contract, the Contra; tor, j upcn delivery to him of any Government-furnished property, assumes the risk of, and shall be responsible for, any loss thereof or damage thereto except for reasonable wear and tear, and except to the extent that such property is consumed in the performance of this centract. D. The Contractor 'shall, upon completion of this contract, prepare for shipment, deliver f.o.b. origin, or dispose of all Government-furnished property not consumed in the ~ performance of this contract or not theretofore deliveced to the Government, as may be directed or authorized by the Contracting Officer. The net proceeds of any such disposal shall be credited to the' contract price or paid in such other manner as the Contracting Officer may direct. ARTICLE XI GENERAL PROVISIGHS A. General Provisions This contract is subject to the provisions of Appendix A, General Provi. ions, Cost-Type Contracts with Concerns Other Than Educational Institutions, which is attached j hereto and by this reference made a part hereof. __g i i l e -,. -,,.y .. m,w % ,A m u,_,,,., c s

( o 10- .n. B. Alteraticns In addition to those general provisiens set forth in Appendix A hereto which are by their terms relf-daleting, the folicaing dolctions ;nd/cr nodifications to Appendix A are as follows: 1. Cicuse 3 entitled " Limitation of Funds" is deleted in its entirety. 2. C16use 23 entitled "Muclear Hazards Indemnity - Product Liability" is deleted in its entirety. 3. Clause 53 entitled "Priva.e Use of Informstion and Data" is deleted in its entirety, and the following is substituted in lieu thereof: "CLA'.'SE 53 - FRI'/ ATE USE AMD PP.0TECTICM OF U l CLASSIFIED GO'!ECCE::~L I N F O.U tA I ! On" A. Except as specifically authorized by this contract, or as otherwise accroved by the Contracting Officer, records or other information, documents and m;'.erial furnished by the Commission to the contractor in t!,e performance of this contract, or informaticn daveicoed sy the Centractor in the course of the work hereunder, shall be used only in connection with the work performed under this contract. The Contractor shall, upon ccmpletion or terminati:n of this contract, transmit to the Ccmmission all reccrds or other information, documents and material, and any copies thereof, furnished by the Ccmmissicn to the Contractor or developed by the Contractor in the performance of this contract. B. The Contractor shall be responsible for safeguarding fr'om unauthorized disclosure any information or other documents and material exempt from puolic disclosure by the Commission's regulations and made available to the Contractor in connection with the performance of work under this contract. The Cont actor agrees to conform to all regulations, requircqents, and directions of the Commission with respect to such material. C. The Contractor's dutics under this clause shall not be construed to limit or a ffect in any way the Contractor's obligation to confo"m to all security regulations and requirements. of the Commission pcrtaining to classified information and material." l l + A..4,.... ..44.%-.:n..,........

) D t. 11 - i i 1 4. The Clau:2 entitled, " Service Centract Act of 1965," i as cuended, att:ched hereto and forming a part hereof, i is added as Clause flo. 62. (Attachmentc) w, 5. The Clau:0 entitled,"Special Clauses For Prime Contracts" [. attached hereto and forning a par *, hereof is added as Clause flo. 63. (Attachment D) I i t i \\ 4 e 9 9 4 8 4 m - 9,9 4 - 5 e,. J .g g g[h,, g *. g 4g f e

gfd r}V!1 ?~ M e I-o U.S. DEPARTMEf1T OF LABOR Page 1 of 3 4 EMPLOYMENT STAT:DAnOS ADM:HiSTRATION 21' f YtAGE Af 4D ttOUn DIVIS.Ota WAsHincron. p.c. 20:10 State: Maryland

• l REGISTER OF WAGE DETERMINATIONS UNDER Area: Counties of Charles (017), Montgomery (031).

j LOCALITY and Prince Georges (033) THE SERV!CE CONTRACT ACT i B direction of the Secretary of Labor I v f., dk1} 197S I i Xav:\\r M. Veta

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Admbistrator, Wage and Hour Division Tage determir.ntion nuttber: ^ Fair.ge benefit payments h'm Class of service employee hoinly llealth & Vacation Holhlsy Other wage Welfare Supersedes 78-624 dated June 30, 1978 $5.76 g .i 1. Clerk, accoun. ting,' class A 4.61'- 5 2. ' Cl c-r k, in c c oun ting, class B. 93 8 '3. Clerk.ifile, class A 4*55 u 1 4, Clerk,ffile, class B j; gj 5. Clerhilfile, class C 4.09, 6. Clerk, o rd e r - 5.05 p 4 [ 5.43 7. Clerk, payroll 4.92,, B. Keypunch operator, ' class'A' 4.46 9, Kcypunch operator, class B 4.73 10. Messenger .- - J Si 7.23 g .i 11. Secretary, class A - 6.77. g 12. - Secretary, class P 1 3.. S e c r e t a r y, class C 6 - = = = = 1.. Secretary,-class D 5.21 g ' 15. Stenographer, gancral.' j 6 7 s

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Stenographer,' senior' 5' 17. Switchboa rd opera tor-W. 4.70. O i ' 18. Switchbo'ard operstor receptionist 5.45 [ M, ~ '19._ Transcribing - nachine operator 4.70 [- 4 t20.- Typist.-class.A ~ ' ' 21. Typist, class B

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- 2 2.' Con.puter operator, class A 7.15 - 6.36 23. Co:.puter operator, clacc B g 5.25 24. .Connutch onorator c l a n c. c

~ ~ ~. -. t z U.S. DEPARTMENT OF LABOR Page 2 of 3 nwtovucrar stArinAnos Ar:uttnernATaofJ o VJF.GE AflD llOUR DIV60 tore 21 Maryl'and

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rOCA!.!TY Counties of Charles (017), Montgomery (031 ), REGISTER OF WAGE DETERMINATIONS UNDER Are - and Prince Georges (033) Tile SERVICE CONTRACT ACT D' direction of the Secret:try of Labor

• \\/

7 f ' { gy# f Adm istrator.Waoe and Hour Division Wage determination number: Y9-6d3 I l Date: Xavi r M. Vela Fringe benefit paymerts Etinimum Class. f service ernployee hevely llealth & hM Oh wste Uctfare Pj. Ccmputer pronrc.Tmer,.i: lass A . $9.60 1/ io. Cenputer procrommer, class D 7.881/

• 3*'

g 6.60 1/ ~

17. - Co.guter programmer, class C 8.53 EG. Dratter, class A 6.79

'k 23..hrafter,classB 5.47 D l 30.. Drafter, class C D i ' I .';. 8.92

31. Electronics t2chnician, class A..'...

'e 7.18 . 2. Electronice'icchnicien, class B ' ' .] 6.30

33. Electronied teciinicion, class C 8

i ~ I i bingo benefit,s applicable to clasecs of service ~ 7.18 ~ h/ Technical litustrator .< )?:, 7 2/ g f..c.pl6yces crgaged in contract performance: M Eces not apply td employces employed in a bona fide executive, odninistrative, or profei;sional capccity ' ~ ~ ~ cs acfined and delineated in 29 CPR Pcrt Slal. (See scetion h.156, 29 CFR Part h.)

g S. 21 an hour or SB.10 a veck or S;36. 4 0a month.

Length of cervice g 2 p5eks paid vacation ofter 1 yccr of service vi'th a contractor or succcrosor.(successor) contrac tor vhergver._............ includes the whole span of continuous cervice with the present cnployed, und vith predecessor contractors in'the performance.of similar work at the Federal ...:..y.... s ,s fccility. (Reg, h.171(b)(2).) . I!cu Year's Iby, Washington's Birthday, Good Friday, Memorici Ihyj h/ () paid holidayc per year: Independence foy, Lchor fcy, Veterans' Iby, 'i"nonksgiving Iby, and Christmas Day. (A contractor '- . J, n:y cu'estitute for cny of the ncrr.cd holidays another day off with pay in accordance vith a _ f.. ' _ plan co..:cunicated to the ceployees involved. )[ r- + Virginia _ -- Arlington, Fairfax, Loudoun and Prince William Counties; and independent cities of Alexandria,

• This wage determination also appliciable'to:

l Fairfax, and Falls Church Di n t r i c t o f Co,liunb,l a, =

1 .e U.S. DEPARTMENT OF LABOR ' EMPLOYMEFAT STANDARDS ADM!'"ST"ATION Pane 3 of 3 j l w..ct ano noun oivniora WASHINGTot.. D.C. 20210 state: Maryland

• 2_1_ -

e Counties of Charles (017), Montgomery (031). REGISTER OF WAGE DETERMINATIONS UNDER Area: THE SERVICE CONTRACT ACT LOCALITY and Prince Georges (033) B direction of the Secretaryof Labor l k

• V Y,7 i tra or.Wan* and liour Division Wage &'armiristion nu nber:
• ' N N N

~ l Date: stk _11 I$) l Fringe benefit payrneris i Clan of service employee g hourly llealth & l V i HoW ey Othr wage welfare q t

• i

~ NOTE r. In accordance with Section 4(,c) of the Service Contract het, as amended, thE udge rates and,.f ringe,, j

1. ,..bencrits set forth in this wage.detdrmination are based on a collective bargaining: agreement (s) under j

uhich the incumbent contractor is operating. The wage determination sets forth the wage rates and fringe benefits provided by the co11cctive1 bargaining agreement and applicable to performance op the t failure to 1 61ude any job classification, wage rate"or frin3a benefit service contract. Ilowever, 7 encorspassed in the' collective bargaining ogreement does not. roliove the successor c6ntractor of the e i;tatutory requiremont, to ccioply as duinircum with thg terms of 't,ha collective bargainibg agreement insofar j es s: ages and fringe ~ banefits are concerned. * - ~ l t

• • l.-

I,'- e v M r., .1 ca5 .: v . - e. t. g C 1 iG ~ M I 's t. v1'. C Q ca g e r m m

'v - 4 : 'F. ",.*\\ g.., *..y ' I g, g, p. q l,. g *,. - '.py e b

• r;.v 'f.,
• P b'.! *j C. i.* * *.* ;t

[.: r n.* e d i v\\ B. -., f. '[ M '- . N. g; ~ l'..

• • • .*i.'*'.-

p v .,..- +. v 5 E '. i / (, t -o g .,ag ~ .,c f,.,,. -.. r w.z,a.:cu.v3 h. -a .k-i

v. C 7 ; ". !c.. i..

• RSCripi..ilGRS 1,

.a i .... :.... s..... i * * ". 1 p, .....s * !. *.. '... ...l-9 for the Du-

• ' * - + -

The primary purpose of preparing job descriptions who a r e empInyed unde r a variety of payroll

• ., 4.*

resu's w age surv ?ys is to assist its field staf f in classifying into appro- .l .h ~3*

• /

". ', '. ~. * .,i... priate occupations workers I titles and tlif ferent work arrangements from establishment to cetablish- '.}*, .,( >. }, ' ' '.. t ' - j rne nt and from area to area. This permits the grouping of occupational

• s '.8
• t * * '. *

.'. i Because of ti.is empha-l.2-**' J wage rates reprenenting comparable job conter.t. f.*. int e r e s tallis hm e nt and it.t e ra r c a c om:u r ability of occupat ional. * ~..

• • s.

i .e. t ! eis on the Dure au's jc.b descriptions may diffe r signitatently f rom thos e "*.Y

content,

~ in us e in ind'vidual e stablishments or those prepared for other purposts. '.? In a rplying these job descriptions, the Bureau's field economists aro -t - instructed to exclude working supervisors; apprentices; learnere: b e gin'h ' . [ I,,. a nd pa rt.tiene, tempora ry, and probationary workers, liandicapped ' v. f ners: workers hose earnin2e are reduced becauce of their handic p are a!Jo T raine ce are excloded from the survey except fcr those re. + escluded. ceiving on.the-jot tuintos in ome of the lower level profeestenal and e O. 3 tec hnical occupattons. -.Oliice S ECRET ARY-Continued 't SECRETARY Ex clu s ionn-Continu e d

s. Positions which do not meet the **p e r s on sP' eecretary conce;t pe r s onal s e c ret a ry, no rm ally to one individual.

Ae signed .s e a relationship to the d.ty.to. day activ..,q, described above; . Maintains a clase as d highly responcivof airly independently receiving a minimum of ~ itic e of {he supervi so r. Pe rforms varied cle rical and accretarial

b. St enngraphe rs not fully trained in s ecretartal ty pe dattee; Wo rk s detailed supervistoa and guidance.

c. Stenocraphere s e rving as of fle e s e els t ant e to a group of pro.

dutie s requiring a knowledge of offico rout.ne and understand.ing of tho i erganization, programs, and procedures related to the work of the supervisor, fes sional. technical, or inanagerial pe rsons! 'd. Assistant. type positions which entail more difficult or more r2- ? D CI sponsible technical. administrative. or supervisory duties wh6 are not typical of eccretarlal work, e.g.. Admintatrative As stG. that are titled "e c e r et a ry" poseoso the above cll po sitions ( Not Ex tmples of positiont b'ch are excluded from the definit [cn a nt, or Executive As.lat ut: cha ract e ristit s. 3 Cr3 as follows: Listed below are several occupations for which revised descriptions or tittee are being introduced ~ Q l In thle survey: Tuot and die make r "~ " ' *N.

== qps, s f., . Order cle rk ~ 'l,.- Pay roll cle rk Guard Shipper end receiver S e c ret a ry (previously surveyed - g-S wit chboa r d ope r ato r.. re ce ptionist asobippinaand Sw it cl.b.o r d ope r:to r t receiving clerk) 1 --r-T r ans c ribir.g-rnachine typist T r uc hd riv e r l.tachine tool oporator (:octroom) The Bureau has discentinued collecting data for tabulatin;.machino oper ator. Wor'eors provlouslyM. s. classified as watchmon are now cl:solfied as guardo under the revised description. j 8 C3 C3.. i ao

i j

• SECRETnY-Continml

[C,*t ET A nY-Co nt!nue d t L clusioni--- Continu ed CI-l-If! catinnX.I;e vel-Co r.tinu cel 4

e. Secret a ry to the bead of a lar: e and impo rt ant c r g ant ntion al s upe r vi so r of an organi-

.,{t

e. Positions which do net fit any of the a tt u atier.s liste 1 in tp.o s ections below titled " Level of Superviso r," :.g., eer retary to the invol-F *"" n*

• '" # I k pre eldmt -f a company that emplo-s, in all, over 5,000 pe rsons:

' C I "' ",E I* E** n-as ruany as s eve ral h mJr+d _ au n. - s e gme st often l

f. T rainee s.

pe r sons) of a company that employs, in all, over 25,000 pe rsons.. 1 i 1 LSq..

a. Secretary to the chairman of the board or preender.t of 'a company i

Se s elfic ation by Level that employs, in all, over 100 but fewer than 5,000 persone: or g e of five levels according to (a) the level of the cocretary's s upe rviso r

b. Sec retary to a corpo r at e of fice r (other than the chairman of.

j Secretary jobs which meet the above characteristice are matched at o l a company that e mplo y s, in all, j" Bthin t' e co m p any's o rg aniz ational st ructu re and, (b) the lovel of the the boa rd o r preaident) of over 5,000 but f ewer than 25.000 pers ons: or .-/.j' bcretary's responsibility. The chart follov.ing the explanations of these two ttore indicates the level of the se.cretary for each combination of the

c. Secretary to the head, immediately below the corporate efficer a

company that y cto re. level. of a.inajor s es: ment or subsidia ry of a pysl of Sec reta ry's Suporvisor (IS) employs, in all, ove r 25,000 persons. Secretaries eho aid be matched at one of the four LS levels described r:OTE: The te rm "corpo rate office r" uned in the above IS Aef. 41ow according to the level of the secretary's supervisor within the company ~*L rgt.nist.tlonal structu re. - Inition refe rs to those officials who have a si;;nificant corporatewide polic y ' j r c mpany at:iv t es. T he titi, "vic e j w th re;ard to maj "E ',o '**"I ' " ' ' * " " I" *" *a'e* t Tr-1

s. Secretary tc. the supervieor or head of. a small organizational P

unit (e.g., fewer than about 25 or 30 persons); or Idenu.. " *such pu.' ions. Vice pree.da*.e eve prim'ary responsibility s.e to, n on Individual cases or t ran s action s (e.g., approve or deny 4 .y noneupervisory. staff s pe ciali s t, p rofe e stonal act pe rson ally .v. individual loan -or credit. nctinng; administer Ir.dividual t rus t accour.t e: di-f X. . b Secretary to a employee, a lminist ratire office r or aseletant, *ekilled technician a cle rical staff) are not considered to be "co rpo r at e ~ 4., or ex pe rt. (f:OT E: 1.t a n y comp anie s assign stenographers, rectly s upe rvi s e rather than secretarice as de s c ribe d above, to this level of officers" for purposes of applying the definition. / i supe rvisory o r nonsupervisory worker.) Javel of Secretary's Responsibility) Lit) 4 = Efr-2

a. Secretary to an executive or managerial pe rson whose respo-i.

sibility is not equivalent to one cf it.e specific level situatione in

g

" Thl e factnr evaluates' the nature of the work relationship between numbe rs at least several deren empicyces and la usually divided the secretary and the s upe rvis o r, and the extent to which the secreta ry is ,d the definittoi for LS-3, but whoce organizational unit normally y{ initiative and judgment. Secretaries should be matched expec*ed to cra rcise into o r g anla ational segments which are often, in turn, further at LR-I or LR'-2 described below according to their level of re sponsibility. s ubdivid e d. In some companies, this level includes a wide range of organizational echelons; in otherd, only one or two; or ,b. Secretary to the head of an Individual plar.t. factory, etc., (o r Level of Responalbility 1 (LR-1) j .othe r equiv:. lent level of official) that employs, in all, fewer Performs varied secretarial duties including or comparable to rr.oet /* than 5,000 p ersons. of the followin;; 15-3

c. Secretary to the chairman of the losrd or president of a company

a. Answers telephone s, greets pereenol c alle r s, and opene In.

.,,,,,,) that -mploy e, in all, fewer than 100 pe renns: or ..i s F.

• b. S e c r e* a ry t.. a c o r po r ate officer (othe r than chairman of the - ' ' * -

toming mail. presidentl of a company that employs. In all, over 100

b. Answere telephone requesta which have standard answers. May., 4 board er auu====

but fe n-r than 5,000 pe rsons: or reply to requeste by ae'nding a form letter. m'-

c. Secretary to the head (imraediately below the officer level) over.

-. c. Reviews co r re s pond en ce,-me mo r and a, and reports prepa(ed by [. ; y either a majar corporatewide functional activity (e.g.. masketing, othe rs for the s upe rvis o r's signature to ensure procedura.1 and *Qi research, ope rations, ind u s t rial reintions, etc.) or a major ~ geog r:phic or organizat,ional segment (o..r., a regional headquar- -ters; a major d.vis io n) of a comp ny that etaploys, in ' all, . typn. raphical accuracy. . over 5,000 but fewer than 25,C30 emplayee:; or

d. M: ant:. ins s up e rviso r's calendar t.nd maba appolr,tme nt e as Q

ind t ructed. g18.v., 24 Secret.ry to the head of r.s indieldu:.1 pir.nt, i'.etory, etc., g - (o r other e quivaler.t lovcP.cf onicial) that employs, in r.II. ,., g.1 over 5,0C0 percosal or ..I* . -. #. c. Typa s, tabu :M. transcrib'ee dictation, ar.d,ille s. :..., *..t.,,... D Q, p7 / ,1. b.m.. (,' i es -r

c rdCitET AM-Co.tir.ual STENOGilAMIER-Continued 1- ' I$ vel of Renonsibility Z (LR-2) ~ Stenor rapper; Seninr g s pectativ ed voc abulN. ) Pe r fo rens dutie s desc ribed u:We r LR-1 and, in addition performs "Dictati n involves a varied technical or t a ske requiring p rr ate r judgment, f r.itiative. and knowled;e oG(fEa fttactione such as in Icjat briefs or re;otte on eclentific research, blar also set ug.N 1::ludic; or comparable to most of the follow._g: sod maintain 11he, keep records, etc. ]

a. Screene tele;> hone and personal callero, dete rminin:: which can "

1 OR I] t be londled by the s upe rvi s o r*s subo rdinate s or other offices. ~ P d une etenognphic duun netuiring signin c and y grote r in-as evidenced by f

b. Answere requests which require a detailed knowledge of of '

"I'" ""E" . ty than s t eno g ra;ihe r, general. a high degree of ste no g r a phic speed ar.1, ' fice procedures or colle ctic,n of Info rmation from file s or " "'"= N * '7.nresnowledge of ger.c ral bonines e and office pro- ~ ~ * ' ' ' othe r o f fic e s. Msy sign routine correspondence irt own or

• * * " * *U " I
• E

'*g supervisor's name. cedure; and of the s pe cif.ic bus ines e operations, o r gani r ation, policie s,. P.

c. Compiles or assiste in compiling periodic reports on the baels procedurce, files, worhtinw. etc. Uses thla knowledge in performing etenot j

." E raphie dutie s cnd recponsible clerical taske' euch as maintaining fol:ow-e ) of general lnetructions. up files; aseembling mate rial fo r re po rt e. me mo r and a, and lettere: corn - f. i

d. 'Schedde e tentative arg ointments without prio r c'learance.

Aa-posing simplo Ic'.ters f rom gene ral Instructions: reading and routing fncomirq sembles necessary baci pound material for ech,eduled meetings, mall; and answering routine cluentions, etc. e j M ak es arrangemente for meetings and conferences. ^*L Explate.e supervisor's re ;utremer.te to other employees in euper. TRANSCRilllNG-MACIIINE TYPIST .I 4 (

• e.

,g vloor's unit. (Also typo, takes dictation, and filos.) Priinary duty to to type copy of voice recorded dictation which doe. i ovo v,rted technical or spect= lived vocabulary such== that used h The istlwing chart showc the lael 'of the secretary for nch 13 nej inv

• ~

legal briefs or reporte on scientific research. May also type f rom writtr e copy. May maintain fil e, keep almple records, or perform other re atively [d End LR combinatior. f routine cle rical tasks. (See Stenographer definition for workere involve d with shorthand dictation.) f Level of secretary's Level of :ecretary's responsibility gg, TYPIST LR-1 LR-2 11ees a typewriter to make coplee of various materiale or to mm)s . out bille after calculatione have been made by anothe r pe rson. May includ-( ~ Clare E . Class D

• 15-1 I.5 -

Class D Class C lyping of s t encile, mat e, or almilar

o. terlate fo r use in duplic atin y

15-3_ Class C Class B proccesco. May do cle rical work Involving little special t r aintn;. e u c., LS-4 Class B Class A as keeping simple records, filing recorde and r e po rt e. or sorting ar. 3 ~ ' ' distributing incoming mall. t "8- - 1W "I** F STENOCRAPilER In f nal form %:n it involves combining maternal f rom seve rst source s; or i responsibility for correct spelling, syttabication, punctuation, et c.. c f t e ci.-

• • -- 3 I

plannir.; layed Primary d uty le to take dictation us.ing shorthar.d. cad to transcribe rical or unucual won de or f orci; n language m ate ri al; or .he di ct a tl o:.. bla r also type from written copy. May operato f rom a.

.,,. typing ef complicated statie'irst t able s to m aint ain ur.if o rmit y p.

s t eno g r aphic pool, blay occaelenally tranecribe f rom voice recordinge (if ' balanc'o in rp.scing. hlay type routin's form Ictte rs, varying detaile to sult==ner 'C=am T rans c ribing-M achine circ ums t an ce s. "*==== primary duty is ta anscribing frcm recordings, see TypIe t). Clana D. Performs one or more of the follo ing: Copy tging from ~ rough or clear drafts; or routine typing of forme. insurance policie s, etc.; N NOTE: TI.le jnb le distinguished from that of a secretary In th:.t r. or se* ting up simple standard tabulations; or. copying more-complex tablea D _, ." or executivesecreta ry normally work s in a con!!dential relationship with only one manager t.Ircady set up and spaced properly. e.:.d pe rfo rms more re sponsible and discretionary tasks se described in the secretary job definitton. FILS CLERK I... . Ste.ographe r. General File s, cla s elfle s, end retrieves material la en e st ablis he d finr Pooltior.a are classified 1.ntoj ev.le on the basis of cy cte m. May psrform clerical and inanual taske re guired to maictain 11:e. s Dictation involves a normal routine vocabulcry. Liny maintain filoo, l ,.%ep cimplo racorn or parform other rohttvely rout'no. cleric tanks. e 7 {.. 2 .. ~... ~ ..n y c-s

f ORDER CLEnE--Cm.tinoed recorded: a s ce r t aining c re dit rating ni ructome r: Y " ' O Cl.CRlWContinued of n rde r; i Ilow ien.up N corrennond-I adcq :acy of Informatinnfurnishing custyme r with annowl. dr.cment of receipt let custume r 1 now \\, l Clue A. Clucifies and indecce file n.:.te rial such as order in d-livered by the specified date or to establishe I filing system N mairdaining order file; checking shipping in'elce \\ , re po rt e, t e c).nic al docmr-e nt s, etc., in an

ain.ng a rm mb e r nf v rie.I cuhject matt e r file n. May also file tifie to see tha

krial. May keep recorde of various typec in cor. junction with the file s, of a delay in' delive ry; a gair.s t or' ginal o t A r. d utie s ineh!e - l [ les.1 a small group of lower level file clerke. reclude workers r: aid on a commission basia or whosef rr se r files unclasettled maiorlat by simp!. any of the folloing:providing customers with consultative advice using knowl. it. ceiving o rde re Class n. So rts, codes, and sids. As req ue s t ed, or me rchandise; or extensive technical training: e mpha si ring l ject matter) heading s or partly classified material by finer sut; headings. ~ s ed;(o gained from er gineering l part of the job, - 2 pares olmple related index and cross-reference settin2 skille: handling material or merchandise as an integra e and forwarde mate rial. May per-btes clea rly identifie.1 material in file i j % related clerical tanke required to maintain and service files. claeollied into levels according to the followin g ./ l Positions are fili.7 of material that has already been 5 serial classification definittor.s tem (e.g., alphabetical, chronological, or nume r tcal). As re c.ue st e d, Class A. llandle s orders that involve maning judgenents such se Clae s C. Pe rf >rme routine eaally classified in a simple rnal from the establishment's product. r eified ter which is t II"*

• Y,t which specific product or ma emde needs, or determining c

t i l;. and may choWn ateo readily available material In files ar.d forwards ma er aclerical and manual tasks t i list or making ."*Nsfy un cus o when pricing involece more than merely referring to a pr ce out withdrawal chan ge. May perform simple kulted to maintain ant. se rvice filer. syne simple mathematical calculatione. involving items which have readily iden. = Clasa II. Ilandles ordere May refe r to a catalog, manuf act irer's rnanual, y i simila r document to Insure that proper item to supplied or to verify b55 EtJGEft tified uses anel applications. Pe rforme varic us routine dutiesquch as running errands, operating

• 3nor office machince t uch ce sealere or mailcn, epeninF and distributing or hat require operation prico of ordered ite.u.

,all, and other mino r c;c rical work.. Exclude positions t ACCOUtlTIfJG CLERK ! e rnotor vehicle 'as a eignificant duty, i Performs nne or more accounting clerical tasks such== posting to* + i reconciling banh actnunts:- ve rifying the inte rnal con. i ritT CIInO'ARD OPER A TOIC used with a private i doc ume r.t e: reristers and ledr.crs:eisten y, completenese, and mathematical accuracy of acces d verif ing i a tel phone switchboard or console f (PIIK) ef etem to r.elay incoming, outgoing, and intrasystemassigning prescribed accounting distribution codes; examining an c calculatione, poet;ng. O pe r at e s for clerical accuracy various types of reports, liste, complicated journal Liar provide intoimation to callers, record and transmit messages, rmth exchange Desides operating a telephono

• etc.; or prepa ring simplo or assisting in preparing morea manual or au:omated accoun i

alle. eep record of calle plafed and toll charges, witchhoa rd or console, may also type or perform routine cle rical work vouchers. May work in eithe r byping or routide clerical seek may occupy the major portion of the worker s a k now!c ige of clerical rnethode and office. d or censole). Chief or

• The wo rk requires to the cle rical proces sing and re-irr.e, and le usually performed shite at !be switchboar d procedures which relates accounting Info r m ation. VIith expe rience, ti.e than one ope rator are in e stabli abment e employing more for an cperator who also ' acts se a receptionlet, see Switchboard
• practices an cording of tranaattions and i

d accounting te rtne ead ope ratora worke r typically becomes f amiliar with the booncep ng anrequired to hace a scloded. is not

• tnd procedures u.ed in the anoJgned work, butknowledge of th pe r ato r.ne ceptionn et.

WIT Cll30 ARD OP ER A TOR-RECEPTIOrGST clas sifie d into levels on the baels of the follcming switelboard or console, acts both as Pa sitio,e are A! a" eingle-; osition telephone i It e cepti>,..ie t's y' an eperator-see Switet. board Oper. tor-and ac a reception st. determining nature of visitor's Under gene ral supe rvision, perforrne accour. ting cle ric al definitions: work involvee euch duties sa greeting visitore: referring visitor to appro. Clac a. A. a n -1 p d gme r.t. for w hic h require the application of experience boviness and prosiding appropriato information titive accoune.ng t rar.e-l h r.nd. priate person in the organization or contacting that person by te ep one ope ratior.s examplo, clerically procceaing complicated or nonrepe ibed secouraing code r i actions, selecting ame,ng a substar.tial variety of prescr previous ac co% tin g g arrar.ging an appointment: keeping a log of visitore, or tracing t rans actions through a r.d cla s sific ations, source of discrepancies, May be assisted by one or ORDEp CLERK actiona to dete rrnino neceives written or verbal customers' purchase orders for material more class B accounting clerka. - detailed instr settoas Work tjpically involves following from customers or sales peopic. Quoting prices; determir.ing avai!a-Under cloe s supervielon, routla e a c c o ur.t tr.g er me rci7ar. disc Cinen D. c r.e or more serne'cornbination of the following dutie s: tnd star.dr.rcise d procedures, psrforme O bility of orde red items cr.d suggesting substitutes when nocoenaryl advleing cording order and customor such as pos:Ing to ledgere, carde, or wo rk e he et s order 'sheete; 'chocktrg: order shocts for cccuracy ar.d clorled operationa, I upected stellvery date and method of delivery; re CL, lafsrrnation on e. . m e ~ '~~

e t. v u e, a s v ur_ s n---t.ma n nue d 1-1 ACllII;E 11!Lt.I:It-Centinued i Mere i4rntifie stion si items and locatior.s of tenstint s a re clea rly Indicated: D onM. c r yin e.m e h ine hille r. Uses a 1.aoM ecpine enuhine (w it h chening ace.sracy and completene ss of standa rdized and repetitive re co dla kithout a typ.m ait75 7 iMdl to prepare 7 cu stome r s' batta as part of ths or accounting document e; and coding do cument s using a few p r e s,c rib e d - f6;.u rce on ru s:ome r e' le.!ge r reco rd. T he mac hine automat 3 ac cent a receiv.41e ope ration. Gene rally involve s the simuttu.cous ent ry of b accour sing codes. figures % 2 r el-r of ve rtical colu m e nd ecmputes an! usu Gly pri..t e 2 BOOKKEEPl::O htAt:III:4E OPER ATOIt autencti ally the debit or credit ba;ances. Doce not involve a k no wle dg e { "of book'r e eping. Works from uniform and standard types of Operates a bookkeeping machine (*ith or without a typewriter key-credit slips.

• sales and t

board) to keep a record of busine s s trans actione. PAYROLL CLERK Clase A. Veeps a set of records rer;uiring a k r.owledg e of and, ' Pe rfo rma ti:e clerical tarla necessary to pracets payrolle :nd t a 8 experience in baele lockkeeping principles, and familiarity with the structura maintain payroll records. Work involves most of the follnin;,: Pro c c e e in Z l el the pa rticula r accounting system used. Dete rmines prope r records and workers' time or prnduction records: adjusiing wo rm e r e

• records for changes dist rit.ution of debit and credit items to be used in each phase of the work, in wage rat e s, supplementa ry bene fit s, or tax deductione; editing payroll Y s

[ hisy prepare consolidated reports, balance sheets, and other records by hand., lictings against source records: tracing and correcting errors in listinge: and :ssisting in prepa ration of pe riodic summary payroll repos to. In a non-..S j Clase n. L,eeps a record of one or more phasce or sections of a automated payroll systern computes wages. Work may require a prattical ! set of records usually reouiring little knowledge of basic bookkeeping. Phases kr.owle dge of governmental regulations, company payroll policy.. er the . I er occtions include a ccount s payable, payrott, customers' accounto (not in-l tiudsng a simple type of billir.g described under machine biller), cost die-l computer system for processing payrolle. t ribution, expens e dist ribution, inventory cont rol, etc. May check or seeist% IGYPUNCH OPEttATOR ,j

in preparation of t rial balant es and prepare control sheets for the accounting Operates a krypunch machine to record or verify at,mabetic and/or depa rtment.

s numeric data on tabulating carde or on tape. LIACllif4E IIILLEft ~ Po el%n e are classified into leveis on the baels of the following Prepares st aterne nts, b'!!!s, and invoices on a rnachine ot).c r than

• b" an ordinary or elect romatic typewrite r.

May aleo keep records as to billings Cla s s A. Work requirca the ag p!! cation of expe rience and Ju !gm-nt I or s hipping charges or perform other cle rical work incidental to billing in selecting pre,redu res to be followed and in scarching fo r, inte rp r eting, , ope r at i in s. For wage study purposes, machine billers are classified by type eclecting, or codir.g ite m s to be beypunched from a variety of source of machine, a s fellows do cument s. On occasion may also perform some routine keyponch work. May train inexperienced keypunch operatore. Billint-macMne biller. Use's a special billing machine (combination typing and adir.g macnmel to l repa re bills cnd Invoices frorn customers' Clas s D. Work is routine and repetitive. Under close supervision i perchase ordere, ir te rnally prepared orders, shipping merno randa, etc. or followir.g specific procedores or instructions, worka from various stand-Usual:y involves application of predeterrnined discounts and shipping charges ardized sourco do cume r.t s which have been coded, and follow s s pe cifie d and entry of neces sa ry extensions, which may or may not be computed on procedures v.hich have. been prescribed in detall and require little or r.o ll.e billing ma chi r.e, and totals w%n a u-actomatically accumulated by selecting, coding, or interpreting of data to be recorded. Re f e rs to ag-machine. The operation neually *nvolves a largo number of. carbon copios of, pe rviso r probleme arleing from arroneous items or codes or mlesing the bill being prepare d and is aften done on a f anfo 4 tr.acbino. information. --I 1 Professional and Technical cc g COhtPUTER SYST EMS ANALYST, DU51 NESS COMPUTER' SYSTEMS ANALYST, UUSI$ ESS-Continued 'O - Analy zer business problems to fo rmulat e prncedurce' fo r solv'ing pa rticipate s in t ri al runa of. new and r e vi s e d systemet and recommen te i them by nae of elect ronic data processing equipment. Develops a comple t e equipment changes to oitain me re e f fe ctiv e overall ope r ation e. GOT E: Q des criptien of all specificaticas needed to enable programmers to prepare Wo rke ra pe rfo r:ning both systems analysis and programming s hould be relvired digital comyute r programs. Work involves rrast of the folinwinr: classified as rysteras an.lysts if this le the skill used to determine their pay.) ' Analyte s subject-matte r ope rations to be autcmated and identities co.,ditio n s

• M ar.d c rite ria reqaired to achieve satisfac:ory results: specifies number and Q

types of records, file e, and documer.to to be u:cd: cuttines actions to be Does not lacicdo ernployece yrimarily re s pon sit,le for the m an-performed by personnel tad computers in aufficient detail hr presentation agement or cuperviaton of. othe r ele ct renic data p ro c e s sir.g emp;2f e e s, is managemer.t r-nd far programming (typically this involves prepara* ion of or systorne, analysts primarily concerned with scientific or en gise e ri:2 j pork and dats now charta): coordiastes the development of tost problerne and

• problema.

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w 'IPUTa 5YSTEP/S ANALYST, DU51ME".5--Continued CCMPUTER PLOGR AMF tER, DUSIMrrr--Continued i N,-. 3, l For wage study wrpneo, sygtems analysts nre classified as follow;n: progr ma: prepar < s instructions for ope rating pe rsonnel during pre.hactica

• ""IW
• "* and alt e ra programs to intresce ep rating e f fi-

.?- Cl m A. Y.*o r'e s inde pe n. lent ti or under only genernt direction on ciency or ad@ to nem rcquignere mainta,me ucoW M pen r am de-5.ples licc ause of diverr e sources cf input dat a and nr.ultiple-u s d r ei.ai r e-

• b E "'

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• '*I' dpis. Problema are

%pl-a preidems Livolving all phaece of s yster-- a: i Y P'*E'*""I"E should be clas sified as cystems analysts.lf this is inte;; rated penduction t.Y.".11 us ed to dete rnu.ne their pay.) lrts of out p:st dat a. (For e : ample, de velo ps an no mes ie d ulin g, inve nt o r y control, coct analysis, and s ale s analysis record in l6th eve ry item of each type is automatical;y prccessed thrcugh the ic11 hvem of records and appropriate followup actions are initiated by the Does not include employee s primartly re s pon sible fo r the m an. )nput e r. ) Confers with persons concerned to determir.e the d:.ta processing a gement or supervision of othe r elect ronic data proceseing ernployees, or pro g ramme r s primarily cor.cerned with s cientific and/or en gine e rin g j blems and advlees subject-matter persennel on the implications of r.cw or hised systerru of data protecaing operations. Mak e s recommendatione, if p roblems, ./ pded, for approval o! major systems installations or chan;;e s and for sining e luipment. For wage study purpos es, pr og ramme rs ar's clas sified as followe r May provide functional direction to lower level systems an aly s t s >e are as signed to as si st. Class A. Works Independently or under only gene r al direct $n ~ + on cc:tplex p roblem s which require competence in mil phanes of pro-3 ~ Class D. Wori e independently or under only general direction on p ar am.ing conccMe and pracucco Wo m..ng hom disp anu and dade s oblems tisat are relatively ur. complic cd to analyre, sources of input data. which identify the nature of desired re sult s, major proccasin2 steps to j plan, program, and e r st e. Problems are of liinited compl.:xity because

• be accomptioned, and the relationships between various steps of th rob-7 Icm solv.ing rout.ine; plana the full ranch of programming a ct. ions needed a homogeneous and t se output data.i o closely related. (For examnie, 3

s velops systems for milnta.inmg deposnor accounts in a bank, mainta.. ming to effic.iently utill-e the computer system in ach.ieving desired end products. count s receivable In a retail c e t abt;shme nt, or rnalnt ain.ing inven m y , cour.t o in a m anuf ac*u ring o r whole.s ale e s t abli s hme nt.) Confe rs with rsons concerned to dete rmine t!.e data proceesing prof,lems and advises At this level, programming is difficult because compute r equip-ment must be organized to produce several ir.te rrelated but dive r s e pr od-sject-matter personnel on the implicat.ons of the data processing systems ucts from numerous and diverse data elements. A wide variety and ex-be applied. tensive nonher of internal procescin3 actions must occur. T his requi re s 4 operations which can 1, e re- ~) OR - such actions as development of common Worlrs on a segment of a compleic data processing scheme or system, used, establishment of link age point s between operations, adjustments to de s cribed for clas s A.' Wo rk s 1*ndependently on routine as signments and ' data when program requirement s exceed computer stor*2a (*P2 city, and esives instruction and gbidance on complex assignments. Work is reviewed substantial rnanipulation and re s equencing of data elemente to for m a,- securacy bi judgrr ent, compliance with In s t ruction s, and to insure highly integrated program. r esper alignmer.t with the ove rall system. May pr vide functl nal direction to lower level programmers who Cl=*s C. Work s under linmediate supervision, carrying out analysos are assigned to assist. a assigned, usustly of a single activity. Assignments are designed to develop d expani practical experience in.the applicstion of procedures and skills,

tquired for systems anitysis work. For example, may assist a higher level

_Clas s 11 Works Independently or unde r only gene ral direction on ysterns analy s t by pre paring the detailed s pe cification s required by pro-relatively simple programa, or on simple tegments of comp!c m p rog r ams. rarr-ne rs f rom l*starmation developed by the higher lovel analyst. Programs (or o+gments) usually process information t > produca dat a ir. t w o esensmJ or t ro. va ried i....sence s o r fo rmat s. ac pmt, c r* 1.stin;;s are producei by,g

OlWUTER PROGitAM!1ER, DUSINESS refinir.g, adaptir.g. a r raying, o r m.-ki.ig mino r additions to or detetier.s from s~,

While nume roa s raccrda rn r/ Le 5 m' input data which a re rnadily available. Converts statements of business problems, typically prepared by a processed, the data have been refined in pri*or actior.a so that the a c c u r a cy, """"""" sad se ;uencing of datt. can be tested by using a few routine checks. T y pic ally, D ystems analyst, into a sequence of detailed inct ructions which are re-r 7 to solve the p roblems by automatic dat a processing equipment. the prcgram deals with routine recordkeeping operations. ' N' b us fireI J o rk in g f rom cha rt s or ui s g ra ma, thn p rog ra mme r develops the pro-Q lee inst ructions shich, w hen cr.te red into the compute r system in coded Wo rk OR anguage, cause the maaipelr. tion of data to mil.ieve desired results. .<oive s r~c e t of tha folinwir,g Applie s knew edge cf ccmput e r caps-M ilitie s, m nhe matic s, logic employed by compete rc, and pr..rticular sub-ct matter. lavolved to a:ialy:o ch a rt s and diagrams of the preblem to T7o rks on coraptax prograrns (as de s cribed fo r cla s s A) under Q e prograrnmed; develops sequ-nco of program :tepc: writos detailed flove closo dhoctics of A highe r level pro ratnmer or s upe r d s o r. 1.tr.y a s sis t less difficult tasks 1.1:;her level progranucer by independently parforrr.ing f art s to ahn order in which data will to proccasod: convo rt a theco ths td ts coded Lastructiosso for :nachino to follow; tests and corrects assigeod, c.r.d perforrc.tng rnora difficult i tsks under fairly close direciton, 1 t s s. I .L

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o, - - - - - - ^ - - - - - -.

~ 4 COMPUTER PROO tAMMER, Dtf51NE55-Continecd DRAFTElt '.t, t N .1 Pday guirte or Instruct lower level programmere. Cla s s _,\\. Plans the graphic present ation of complet it em s h wing distinctiv

d. ginn featurce that dif fer significantly from establish-J.tr atting Clpes C.

M.S e e practical :.pplic ation of programmin2 practiret p ; 7. c Nrn, , - l., in rth., suppo., w i., e h - design orinnator, ani! n.c y a rci con c ept e usu:lly laarned in formal tr ai:;ing courece. As signment e rs e mmend mu.or design chan; ce. An ily zes the effect of e.ich chanr.a on the -{ are rie sig ne d to d:velop cornpet e n c e in ll.e application of standard pro- = details of fo rm, f un c tinin, and po s it ion al r e la tia n s t.ip s of ecmpen-nt e an1 aspects ' puts. Works with a rninimum of supervisory assistance. Comp eted wor;i .cedures to routine problems. Reccivce closo s up a r vi sion on new lef assignrnente; and work to reviewed to verify its accuracy and conformance is reviewed by sle e ign o riginat o r fo r consistency with p rio r engine e ring , '3 with required procedorce. , dete rminations.

1. lay either prepare drawings or direct their preparation by L

lower levet draftere. CO!.lPUTER OPEltasTOR 1' Cl s n 11. Pe r fo r m e nc n r ant..ne and complex d r a fting m e nignment e Monitore a nd operates the control console of a digital computer to that require We~ application of most of the st and a rdized dr wing te chni ;ue e -/ procces dat a a cco -ding to ope ratir.r inst ructic.ns, u s u ally p re pa red by a migularly used. Duties typically involve such work me: Preparce wa r t. in g p ro,- r a mme r. Work includes most of the inilowinr, St udie s inetructions to drawinge of e nba s s e mblie s with irregular shape s. tr.p t t i ple function, ad / 8 det e rmine equipmeat setup and, operatione; loads et,uipment with required precise positional relationships between compor. ente; preparce a rc hite ctu r al.

Items (tape rects, cards, etc.)

switet.cc nece:sary snitiary equipment Ir.t o drawings for construction of a bull 1ine includir.g detail drawings o f f o um's.

circuit, and starte and operates computer; makes acljustments to computer to tions, walt occtions, floo r plane, a e.d roof, tJees a cce pt ed fo r mula e and , correct ope r ating problems at:d meet special conditione; reviews errore ma nuals in making necessary comput ation s to dete rmine q u a n t it i-p of l made doring opera:lon and det e rmine s cauee or refers problem to super-materials to be used, lo id capacitice, s t r engt h s, stre s se s, etc. fleceives, j visor or programmer; and tnalntains operating records. May' test and assist initial instructions, req ui r e me nt e, and advice f rom supe rvisor. Co mple t e d 1

In correcting program.

J work to checked for technical adequacy. j Class C. Prepa re s detail drawings of single' u nit e or pa rt e fo r i For w-ge study purposes, compute-op-ators' are clas-trie 1 as f h Tm M ' I'II* * " (depicting three dimeteior.e l drawings prepared include isomet ric projectiana In accurate scale) and acetional views to clarify positioning of companer.to } Cla s s A. Operates Independently, or under only general direction, a and convey needed information. Con s olid at e s details f rom a number of + i compute r runr.ing g egrards with most of the fol!owinF cha racteristics: New sources and adjects or transpoece scale as required. Su;cested rnett.ods of ( programe are f requently tested and int roduced: schedaling requiremente are approach, applicsble precedente, and adrice on source materiale ar* alves et critical importan ce to mammire downtime; the programs are of complex with initial assignmente. Inst. actions are less complete when as signmente deelga ao that identification of error source often requires a working knel-recur. Work may be spot-checked during progrese. l edge et :Le total 3 rogrem, and alternate progreme may not be available. g Wy give direction andjuidance to lower level operatore. DR A FTER-T R ACER 3 f .e prepared by othe re by placing tracing Cept e ; plane and drawin;d tracing Cls.s e D. Ope rates independently, or under only gene ral direction, a cloth or paper over dcawin; e an with pen or pencil. (Doce nct compete r running piograme with inast of the following character,stics: Most i inclede tracing limited to plane prinnarily consistin2 of straight lines and a of tl.e prograrne are establiened production runs, typically run on a regularly largo scale not requiring close delineation.) recurring basis; there is little or no testing of new programs required: alt e r-J

r. ate pregrame are provided in case original progra:n needs m Jor chango AND/OR o r c a r..'ot be corre:ted within a rea*onably chort time.

In common error Prepa rce simple or repetitive drawinze of emelly vleualized Items. sit u ation e, dia;nosee cause and takes corrective action. This usually in. Work te closely supervised during progress. vo!ves applying prc~iously programmed correctivo steps, or using standard q correction 1,echnique e. ELECTRC'qCS ~"CI:MICIAN OR Works on various types of electrer.se equipment and relat-! devices

• ====es by perfarmina, one or a combinatir.n of the f allowing: Installir.g. maint aining, Q

Operates unider direct supervision a computer running prograrr.s or rspairing. ov< rbauting, t rouMc ohooting, rr.cdifying, const ract;ng, and t e stin g.

===n

segmente of prograine with the characteristics described for class A. My Work reluires 1.r s c t i c al a ppli c aticn cf tect.nical knowledge of elect ronic e Q se eist a highe r level operator by independer.tly performir.g less difficult' tasks principle s, ability to determine, malfunctions, and skill to put equipment la g assigned, and perfo r:nir.g difficult taeve followmg detailed inctractions and required operating condition, sith f-quent review of operations performed. The equip:ncr.t--concist!nr cf either many different binds,of circaite Q Clas s C. Works on routine prograrns under clo:e supervision. Is or multipte repetition of the samo' kind el circuit--includes, bs.t is not limited expected"to develop working knowledge of the coa.puter equipment used and to, the fcliowints (t) Electronic tranarqitting and receiving equipment fe.g.,, Usually has radar, radio, televist >n..telepnono, sonar, navigational aids), (b) d!;it al and 6.bility to detect ["roblems invclved in running reutine programe.May sostat h12 er analog computers, r.nd (c) Industrial or.d medical measurleg and coctrolling received scrae orr. sal training in compator opor:.tlon. h livel operator on cornplesi proger.ms. equipraor.t. . g s

• d e GG

4 LLC r.tO;; icd TIAil:,; Cit,:;-Cor.: need ELECTaO!;iCG TIDIMICI AN-Cor.tinued ~ 6 This classification ucle ics repairc r e e.f.;uch standar l cler.t ronte nece;1 u technird guidance, as ver;eired, f rem supe rvieor er 16. a M tipenrr.1 as ron.rr.on u f.'i c e :nic:dne c and hom;ehald r;.<lio md te!cvisiant le*:.-l t e chnician,.w.t wni k in review.~! fo r specific c.impliant a alth accepte ! s }ete: pr odne ti an a s t. co.Lic t s and teaters; v.c C c : e v. t.o s e ;> rim:.t y 6.ty In ps etic.-s a mt w o rk assi;;nment e, hlay proviile technical g..idance to to-c r ' te rricir.g ele tt ronic t.-s! ir.st rume r.t s; te chnicir.n

r. h o haire a d rai r.i s t r.u iv o 1: vel technici,ans.

[ \\ >r s up e rvi s o ry r e o pe nsIbility; and d raf te rs, de signe rs, and p r ofe s sional b, ' C U P '?' * ? 'I".ing tethn.4 k nn.- ledg to pe rfo rm simp!c or I.

r:gine e r s.

rqutir;c t a v.c o in w o rkin;- nn elect rus.ic c rim pme nt, hillowin;- d<t sile l in-l sauctier.s wl.ich cove r virtus!!y all procederce. Work typically invcives such i Positions are cla s s i'ic d into levels on tho basis of the following taAc 25: Assenbr.e higher level t. chnicians hy performin2 euch activities as j

• e finition s:

replacin;: c ompr.nent s, wi rin;; circuits, an 1 taking test read:ngs; repairing / shple electror.ic eWpmenu and u kg tools and cor, mon mt inst rumeds _ Class A. Applie s advanced technical kr.ow!ed e to solve snusually

• * "I'* tut e r s, oe cab eopu bU.p

, i 2

• I' " * ""d
• Y E " *Ifam. liar M. U"F**"!c r nlat.

I**E ! ompleit p robErne (i.e., those that t y pic ally cinnot be s olve d solesy hy ne " rep. red to 1,e mne!u,pe cf circuds. se i N in Se fe rence to manufacturers' rrpnuals or similar dceurnents) in working on kno 4cdge, howe ve r, m:.y be acquirer! through assignments deelgr.ed to in-y !!e ct ronic e q ui p me r.t. Exa rnple s of such problems include lo c ation and Crejse Compete sco (inf ud,ng classroom training) so that worke r can advance l i ensity of circa:itry, electrcmagnetic radiation, isol ting m alft.n c tio n s, and to highe r level technician. i requent engir.ecrin;; changee. Ylork Involves: A uctailed ur.de rstanding of he Interrelationships of ci rcuit s: exercising independent jud::.wr.t in por-Receivea technical guidance, as re guired f rom s'upe rvisor or hir.her o rmin;: ruch tan s :s main; ci rca.it analysed, ca!culating wr.ve fo rm s, level technician. Vork is typically s pot checked, but le given detailed ! racing rel atior.s hip e !n signal flow; a r.d regularly using compicx tect in-revic,w when nc

• cr advanced ascignmente are involved.

I / t rume r.t e (e.g., dual trace o s cillo s cope a, 0-rnet e r s, deviation mete rs

• REGISTERED INDUSTITI AL 1.UIL".E e

plee gene rators). Y!ork may be revewed by supe rvisor (f requer tly an enginee r o'. A registered nurse v.!.o gives nursing service unde r gene ral me 'ical d:rection to ill o r injured emplayces or o;her persons w!.o t ecome ~i:1 cr. ?es'gne r) for reneral compliance with secepted practices, Llay provide suffer an acci< bat en the p're ~.i s c s cf a httory or otiw r e st ais!i shr:.e r !. ~., ischnical guidance to 19we r level technicians. ~ Ds.t.c s involvo a combinstion of t:ie followin;;: Givinc first aid to the i!! or

• inju red; attending to s ubs equent dressing of 6rnp!nyces' injuries; keeping I

_Cl u s 14 Applies comprehenalve technical knowledge to solve com-records of patients treated; preparir.g accident reporte for comgces atser. or ylen pueblems (i.e., those that typica;;y m 'oe sobed colely by properly other purposes; asristing in phycical examinatier.s and health evaluaticna of @nt e rp ret in:: rnanufact arerb' manuale or similar docun ents) in working on app;icants r.nd ernployces; and plar.ning an<1 carrying out programs ir.vo! vin g glestronic equipment. W rk involvce: A familia rity with the Interrelation-h -alth education, accident p r e v e ntion, evalntion of plant environment, or. i ohips of circu:te; and judpt.cnt in determining work segeence an3 in selecting cther activities affecting. the health, welfare, and safety of 311 persennel. i Jools and te sting instr umdnts, usually less complex than those used by the Nursing aupe rviso rs or head nursee in establishments employin; more than one nurse are excluded. n ~ 21ase A technician. / Maintenan'ce, T60! room, and Powerplant MAllGENANCE CAiTEfGER M AINTENANCE ELECTrJCI AN-Continued Pe rforms the carpentry duties necEssary to construct :.nd maintain equipment such se gene rr.to r s, t ran s fo r me r s, s wit chboa rds, cont relle r e, ,n good repair buii<iing woodwork and equipment cuch as Eins, cribe, counters, circuit breake re, moto r s, heatin; units, conduit syrtems, or cther t rans-2 be nche s,- pa rtitienr. s cro r s, f;c.o r a, stairs, c sir.gs, and trim rnade of wcod tr.i e sion equipment; wo rk ing from blue p rint s, d rawinge. layout *, or cther y in an e s t ablis hment. ','.~ o r k in-ec!ve s rncst of the .'c l inw !.m -: Planning and s;,e ci fic ationa: lo-sting and diagnawing trouble in ti.e e:cctrical system or laying out of work f roin blueprints, d rawinga, mode.s. cr ve rbal instructicns: equipment; wo r'<in:; cta neta r d ccm sutations relating to load re ;drements of ts sing a v a rie ty (,,' ca rpente r's handtoolr. ports' 'a ;mer t c!c, and. %'ard wiring or ciectricr; equipment; and using a vr riety of electrician's h ar.it s ols F measurinit instrumen a: m,iking s t a r.d:. r d chop computations relating to nd measurin:; :.d tectin;; instruments. In general, the work of the rnain-womme dirn e n s ie r.s of werk; an ', s ele c tin;: unat e rials necessary for the work. Ia tenanco electric! n requires rounded training and experience usual;y acwired generai, the work of the maintenanco carpente r requi re s rounded training through a fo rmal apprentice ship or equivalent t raining and e xp e rie nc e. g and expe rience usually acquired throu;;h formal apprenticeship or equivaler.t MAINTENANCE PAINTER g training and experienca. ss, mal;GENANCE ELECTRICIAN E 't Pe rfo rms a vr riety of electrical tra'e functione ' such a [the in-Patnis and re!crorates waI!c, woad scork, and f!xtures cf an e stab-st allation, .aictenance, or repair of equip-nent for the gene ration, distri-lishment. '.7o r:c I.wnim: v _:he (c!! w :n-a Keov!coge of surf ace pediarities a - required for difterest applications; preparts; surface fo r Q

f.inti)ges cf pair.t bution, o r. utilintion of electric energy in an establishmer.t. %*ork involves g by reraoving old (Ir.Ish or by plac!

g putty or C11er is sail ho!=s.g rnest el ths fol!o ri e Isstalling or rapatring amy of a varloty of electrical i

- 37 j 6 -a m ~ ~ i ll l t ~

ATTACHMENT B En , Pj p C ; e ,1137 U. S. PlVCLE AR HCGULATORY COMMICSION 1 The riotecws, procanwes end crit.foa WASHINGTON. O. C. 20555 of N RCM 2101, N RC Occur ty Pr egeam, g.g y apply to performance of thes coritract. t a n c a 21 ci %..om i ~"W COMPLETE CLASSIFIED ITE * !S S V SECURITY /CLACCIFICATION RECUlREMENTS SEPA RA TE CORRES.'O//OEECE. ~ 2

3. CONTRACT NU'.10En OR OTHE R IDENTI.

DATE TO BE 4 E F F E CTIV E THIS C?ECf FICATICN F Ylf1G NUMHE q (Pwe'twaracts must ! e COMPLETED THtS SPECIFICATION IS DATC , ~., (Estimsica) (See note t>esowl IS FGn: shown tur ail zut> contracts) ir v i i n i it,t*

• G o 4 INVITATION i.OR 040, REQUEST F OR PROPOS AL C R REQUEST a.

Ia o X wiOOunECUE T ,OROUOTERFP NO. RS-ADM-79-382 "'C'"^' sowpacPC3AL D-b. PRIME b. REv tS E O P R Wt COhlTR AC T, ($yggegeccs att prevcus soeci-c. s. FIRST TIER SU BCONTRACT /tcations/ SU DCONTR ACT

1. 1. 1. 'E 0.

OT HE Rf Spech) 5 s GM < C LLCieC.; CO.'J i V OT. ;N T E M P M:CE DING CON T R CT.NUM 8E R -N O C A T E COS.tPL E TE D. C COES NOT APPLv ' CONTR ACT NUMCE R DATE CCMPLETED Ca. NAMF AND ADORESS OF PRIME CONTRACTOR, OFFEROR, b. NAME AND ACORESS OF RESPONSIBLE COGNIZANT OTHER ICacufy; incivoe 2 0 Ccuel SECURITY CF FICE (incluca Zip Coce) Technassociates, Inc. U.S. Nuclear Regulatory Commission 777 leth Street,TN Division of Security Washington, DC 20005 Washington, D.C. 20555 7a. NAME AND ACCHESS OF SUDCONTRACTOR (Ine/ucle b. NAN E AND ACORESS CF RESPONSIBLE COGNIZANT Ze Coce) (If appucaciel SECURITY OFFsCE fincluce Zip Coce) N/A N/A 8. PRCMCT TITLE AND CTH.R ICENTIFYtNG INFORMATiON Impicmentation of Supply and Maintenance Subsystem for the property and Supply System. 9. PE H F OH ?.t,\\NCE V.4 LL R E C LIR E : YES l NO l T3 S C N 'd! l RD a. ACCESS TO NRC SECURITY ARE AS ONLY. o. ACCESS TO CLesSSIFIE D INFORM ATION OR M ATTER AT COV E RNMEN T 8 ACILITIES CN LY. X c. RECEIPT. GEtiE R ATION. STOR ACE OR S AFEGU ARDING O F CLAbSIF ld O OOCUME NTS. X d. M ANUF ACTunt. P'tOCESSING OR SAFE OV ARDING OF l K j CLASSIF lE O M A T E RI AL.. i o. ACCESS TO CLA331FIED COMSEC INFORMATION OR ~ M AT E nl AL, y ACC SS TO CLAOGIFIE D IN F 00M A T ION O R M AT E RI AL Cun riC NTLY POL 5E00f O b V ANOTH E R AGENCY, y g U:,E Or AN AUTOM ATaC C AT A P HOC ESSING SYSTEM, X n O *:HE R ISkecofyl 'G INOf f".l AT'ON mitt AINING TO THiS nf OVIHFMENT OR PROJCCT. TVEN THCUGH SUCH INFOHMATION IS CONSICCRC O UNC AZiFILU. SM ALL NOT Ci: HE LE ASL D TOH OIS3hMIN AllON C XCEPT AS APPHON CO DE LOW: PncPodc0 oc:LwN A riON sHALL nE cucMiTTEo rOn ArenovAt PitiOn TO RE LE ASc 0 DiHEcT C TH ROUG>l (Cecc /> l NnCrunu wi c.:a ..~ _. ~,... ...-w ....:r*-

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11. SECUR6TY/CLASSIFIC A TsO?) HLCLihCi El. T3 AllE SCT F C."ITH LE LOW (0.':tc4 winch are.itwhcJolel li Q CunOc: ATTAcv E D theresy made a cart of this te usuirement).

Il O OOCUMErsT(S) LtSTE D BF LOW (heret;y made part oI this reovirement/. f; IXAasrArEOscLOw; i. i Contractor will not require ac; css to classified matter during the normal course of work. Contractor,wi-11 not receive, originate or ^ otheraise safeguard. classified matter"during course of this contract. i ) 1 l ACOITIONAL 01STRISUTION

12. REQUIRED CISTRIBUflCN CF NRC FORM 187 3

h SPONSORING NRC CF FiCE OR 04 VISION b PRIME CONTR ACTOR // tem 6al $ DIVISION OF SECunlTV (f tem 10c/ O SU0CONTR ACTOR lifem 74) $ OlVtSION OF CONTRACTS litdm 13d/ C RESPONSIBLE /COCN 2 ANT SECUR$TY OFFICE lltems la and 7b) SECUHil)/CL wSIFiCATICN RiculHEMEN15 FCG SVUCON NCTS r4ESULi'iNG F sOM THIS CONTRACT WILL CE APPROVE O SY THE OFFl.I ALS N AP.1CO IN tTEM 10c ANO d CCLOW. CLASSIFICATION REQUIREMEf4T AND ATT ACHNIENTS RtiFERENCEO N6HEIN WILL BE AFPROVtiO i

13. THis ;E CU nlTY OY THE FOLt.CWtNG;WITH FINAL APPROVAL BY THE CONTRACTING CFFICER CR HIS REPRESENTATIVE NAMED IN ITER.113d CE LCW.

SIGNATU RE I CATE NAME Danie1J. Dcnce, hue, Director ADM A.3 Q M o.v.-7C .3- / ~ 7 4 OF F ICE OR DlVllilON AU TveQHil.6 O CLA53 bF IE R - a [ o.mcron, or Fice. oR omsiuN Charles R. Trcutman, Jr., Dir. ADPS /Y d /{ Y w.. '? 'L'i-7I u. ~- / SEC h)/77hM/ Ilf.8 [ .. umuTon. uivision OF ucCunity Ravmond J. Bradv. Di,, . -.-. _ n...c,, [ rh ard t.. Halpan.-nir., COMTR / j PAGE 2 0F PACTS Nnc F Opu ist? I: N' O pe.4 9 gh8 O eg4 y-e. p ,p y ,.w:s-m a.

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( ATTACHMENT C Article No. 62 SERVICE CCHTRACT ACT OF 1965, AS AMENDED (FPR 1-12.904-1) (Contracts in Excess of 32,500) This contract, to the extent that.it.is.cf the xharacter to which the Service Contract Act of 1965, as amended (41 U.S.C. 351-357) applies, is subject to the following provisions and to all other applicable pro-visions of the Act and regulations of the Secretary of Lacor thereunder. (a) Comoensation. Each service employee employed in the performance of this contract oy tne Contractor or any subcontractor shall be paid not less than the minimum monetary wage and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Sect etary of Labor or his authorized representative, as specified in any attachment to this contract. If there is such an attachment, any class of service employees whien is not listed therein, but which is to be employed under this contract, shall be classified by the Contractor so as to provide t reasonable relationship between such clas;ifications and those listed n the attachmer t, and shall be paid such monetary wages and furnished such fringe benefits as are determined by agreement of the interested parties, who shall be deemed to be the contracting agency, the Contractor, and the employees whc will perform on the contract or their representatives. If the interesu d parties do not agree on a classifioation or reclassification which is, in fact, conformable, the Contracting Officer shall submit the question, together with his recommendatim1, to the Office of Special Wage Standards, Employment Standards Administration (ESA), Department of Labor for final de'.ermination. Failure to pay.cuch employees the compensation agreed upon by the interested parties or finally determined by the Adenis-trator or his authorized representative shall be a violation of this contract. No employee engaged in performing work on this contract shall in any event be paid less than the minimum wage specified under Section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended. (b) Adjustment. If, as authorized pursuant to Section'4(d) of the Service Contract Act of 1965, as amended, the term of this contract is i more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to ser/ ice. employees shall be subje:t ~ to adjustment after 1 year and not less often than once every 2 years, pursuant to wage determinations to be issued by the Employment Standards Administration, Department of Labor as provided in the Act. (c) Oblication to furnish frince benefits. The Contractor or subcontractor may cisenarge tne coligation to furnish fringe benefits specified in the attachment or determined conformably thereto by furnishing any equivalent combinations of fringe benefits, or by making equivalent or differential payments in cash in accordance with the applicable rules set forth in 29 CFR Part 4, Subparts B and C, and not 1 otherwise.

• • • • em

-4 e% < ee4 $Ehwg _,w,,

f a. , (d) Minimum wace. In the absence of a minimum wage attachment for this contract, nelt.ner the Contractor nor any subcontractor under this contract shall pay any of his employees performing work under the contract (regardless of whether they are service employees) less than the minimum wage specified by Section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended. Nothing in this provision shall relieve the Contractor or any subcontractor of any other obligation under law or contract for the payment of a higher wage to any employee. (e) Oblications attributable to credecessor contracts. If this contract succeeds a contract, suoject to tne service Contract Act of 1965, as amended, under which substantially the same services were furnished cnd service employees were paid wages and fringe benefits provided for in a collective bargaining agreement,.then in the absence of a minimum wage attachment for this contract neither the Contractor nor any subcontractor under this contrect shall pay any service employee performing any of the contract work less ; nan the wages and fringe bene-fits, providad for in such collective bar.]aining agreements., to which such employee would be entitled if employed under the predecessor contiact, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of tne foregoing obligation unless the Secretary of Labor or his authorized representative determines that the collective bargaining agreement applica-ble to servi;e employees employed under the predecessor contract was not entered into as a result of arm's-length negotiations, or finds, after a hearing as pnvided in Department of Lcbor regulations, 29 CFR 4.10, tt.at the wages anJ fringe benefits provided for in such agreement are substan-tially at variance with those which prevail for services of a similar character in the locality. (f) Notification to emolovees. The Contractor and any subcontractor under this contract snaii notiry each service employee commencing work on ~._ this contract of the minimum wage and any fringe benefits required to be paid pursuant to this contract, or shall post a notice of such wages ard benefits in a prominent and accessible place at the worksite, using sur.h poster as may be provided by the Department of Labor. (g) Safe and sanitary workino conditions. The Contractor or subcon-tractor shill not permit any part of tne services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish these services, and the Contractor or subcontractor shall comoly with the safety and health standards applied under 29 'CFR Part 1925. .. ~. ~.~ m. ..... w..

w.~ -~..~ -. ~.. - - -

~ ( c.

(h) Records.

The Contractor and each subcontractor performing work subject to tne Act shall make and maintain for 3 years from the completion of the work records containing the information specified in subparagraphs (1) through (5) of this paragraph for each employee subject to the Act and shall make them available for inspection and transcription by authorized representatives of the Employment Standards Administration (ESA), Department of Labor. (1) His name and address. (2) His work classification or classifications, rate or rates of monetary wages and fringe benefits provided, rate or rates of fringe benefit payments in lieu thereof, and total daily and weekly compensation. (3) His daily and weekly hours so worked. (4) Any deductions, rebates, or refunds from his total daily or weekly compensation. (5) A list of monetary wages and fringe benefits for those classes of service employees not included in the minimum wage attachment to this contract, but for which such wage rates oc fringe benefits have been determined by the interested parties or by the Administrator as defined in 41 CFR 1-12.902-2(c) or his authorized representative pursuant to the Labor Standards Clause in paragraph (a) of this clause. A copy of the report required in paragraph (m)(1) of thi.c clause shall be deemed to be such a list. 4 (i) Withholdina of cavment and termination of contract. The Con-l tracting Officer snall witnnola or cause to oe witnneld from the Govern-ment Prime Contractor under this or any other Government contract with the prime Contractor such sums'as he, or an appropriate officer of the Department of Labor, decides may be necessary to pay underpaid employees. Additionally, any failure to comply with the requirements of this clause relating to the Service Contract Act of 1965 may be grounds for termina-tion _of the right to proceed.with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the Contractor in' default with any additional cost. (j) Subcontractors. The Contractor agrees to insert this clause relating to tne Service Contract Act of 1965 in all subcontracts. The term " Contractor" as used in this clause in any subcontract, shall be deemed to refer to the subcontractor, except in the term " Government Prime Contractor."' a,_. _,,__ _ m w__. ...s ~

( o % (k) Service emolovee. As used-in this clause relating to the Service Contract Act of 1965, as amended, the term " service employee" means any person engaged in the performance of a contract entered into by the United States and not exempted under Section 7, whether negotiated or advertised, the principal purpose of wf>ich i:: to.furri.sh services in the United States (other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 'Part 541 of Title 29, Code of Federal Regu.ations, as of July 30, 1976, and any subsequent revision of those regul stions); and shall include al' such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons. (1) Comcarable rates. The following classes of service employees expected to ce empicyec under the contract with the Government would be subject, if employed by the contracting agency, to the provi.sions of 5 U.S.C. 5341 and would, if so employed, be paid not less than the following rates of wages and fringe benefits: Empioyee ciass: Monetary wage--fringe benefits: (m) Coir.ractor's recort. (1) If there is a wage determination attachmentTo' tnis contract and one or more classes of service employees which are not listed thereon are to be employed under the contract, the Contractor shall report to the Contracting Officer the monetary wages to be paid and t',e fringe benefits to be provided each such class of service employee. Such report shall be made promptly as soon as such compensation has been determined, as provided in paragraph (a) of this clause. (2) If wages to be paid or fringe benefits to be furnished any service employees employed by the Government Prime Contractor or any subcontractor under the contract are provided for in a collective bar-gaining agreement which is or will be effective during any period in which the contract is being performed, the Government Prime Contractor shall report auch fact to the Contracting Officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance, such agreements shall be reported promptly after negotiation thereof.

• ** *W 96 4
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i< 5 t t l' ~ :I i (n) Reculations incoroorated'bv~ reference. All interpretations of the Service contrac', Act or 1965 expresseo in 29 CFR Part 4, Subpart C, e are hereby incorporated by reference in this contract. (o) Exenotions. This clause relating to the Service Contract'Act of 1965 shall not apply to the following: i (1) Any contract of the. United States or District ~of Columbia for - construction, alteration, and/or repair, iicluding painting and decorating of public buildings or public works; (2) Any work required to be done in accordance with the provisions of the Walsh-Healey Public Contracts Act (41 U.S.C. 35-45); (3) Any contract for the carriage of freight or personnel by vessel, airWne, bus, truck, express, railway line, or oil or gas pipeline where published tariff rates are in effect, or where such carriage is subject to rates covnred by Section 22 of the Inte.rstate Commerce Act; l (4) Any contract for the furnishing of services by ra'dio, telephone, telegraph, or cable companies, subject to the Communications Act of 1934; (5) Any contract for public utility services, including electric l light and power, water, steam, or gas; (6) Any employment contract providing for direct services to a Federal agency by an individual or individuals; (7) An,v contract with the Post Office Department (U.S. Postal Service), the principal purpose of which is the operation of postal contract stations; (8) Any services to be furnished outside the United States. For geographic purposes, the " United States" is defined in Section 8(d) of the Service Contract Act of 1965 to include any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Oute r Continental Shelf lands, as defined in the Outer Continental Shelf Lands Act, American Samoa, Guam, Wake Island, Eniwetok Atoll, Kwajalein Atoli, Johnston Island, and Canton Island. It does not include any other territory under the jtrisdiction of the United States or any United States base or-possession within a foreign country; i (9) Any-of the following contracts exempted from all' provisions of the Service Contract Act of 1965, pursuant to Section 4(b) of'the Act, which exemptions the Secretary of Labor, prior to amendment of such section by ; ab. L. 92-473,.found to be necessary and proper in the-public w. I 1

f ( . interest or to avoid serious impairment of the conduct of Government business; (i) Contracts entered into by the United States with common carriers for the carriage of mail by rail, air (except air star routes), bus, and ocean vessel, where such carriage is performed on regularly scheduled runs of the trains, airplanes, buses, and vessels over regularly established routes and accounts for an insubstantial portion of the revenue theref-om; (ii) Any contract entered into by the U.S. Postal Service with an individual coner-cperator for mail service where it is not contemplated at the time the contract is made that such owner.perator will hire any service employee to perform the services under the contract except for short periods of vacation time or for unexpected contingencies or emergency situations such as illness or accident. (p) Soecial emclovees. Notwithstanding any of the provisions in y agraphs~O) tnrougn (n) of this clause relating to the Service Contract 9 Act of 1965, the #ollowing employees may be employed in accordance wita the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to Section 4(b) of the Act prior to its amendment by Pub. L. 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the concuct of Government business: I (1)(i) Apprentices, student-learners, and workers whose earning capacity is: impaired by age, physical, or mental deficiency or injury eay be employed at wages lcuer than the minimum wages otherwise required by Section 2(a)(1) or 2(b)(1) of the Service Contract Act of 1965, withou*. diminishing any fringe benefits or cash payments.in lieu thereof required under Section 2(a)(2) of that Act, in accordance with the procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of sheltered workshops under Section 14 of the Fair Labor Standards Act of 1938, (29 U.S.C. 201 et seq.) in the regulations issued by the Administrator (29 CFR Parts 520, 521, 524, and ~ 525). (ii) The Administrator will issue certificates under the Service Contract Act of 1965 for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different-4 minimum rates of pay under the two Acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of U38 (29 CFR Parts 520, 521, 524, and 525); e i i v.. % M. e : s r m.a:.wn.4. ~ .e

( s 7-w. (iii) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in Parts 525 and 528 of Title 29 of the Code of Federal Regulations. (2) Any employee engaged in an occupation.in which he customarily and regularly receives more than 530 a montn' in tips may have the amount of his tips credited by his employer against the minimum wage required by Section 2(a)(1) or Section 2(b)(1) of the Act, in accordance with the regulations in 29 CFR Part 531; Provided, however, That the amount of such credit may not exceed $1.325 per hour beginning January 1,1978, $1.305 per hour beginning January 1, 1979, $1.24 per hour beginning January 1, 1980 and $1.34 per hour after December 31, 1980. If the employer pays in full cents the $1.325 figure must be rounded down to $1.32 and the $1.305 figure to $1.30, in order that the employer will not be crediting more than the permissible percentage. [End of clause.] I l 1 1 j a-- .n.

ATTAC!f1ENT D S Article flo. O a...., t. c.... _ ,o.,., r. -. c...,, r m._ .... ~.: ~,.... / $/ 6 ( f? /7(c f.".C(d / 4. / 4 _I. /7 C. (1) The partier agrce that the thereinaf ter es11cd "Contrac:cr") chall for and jn 'the :: cad of the 5:211 Businces Administratien fulfill and perfe:n all of the require _ ments of this Prime Centract for the concid:rstien stated hercin. (2) By subeentrs: ting, pursusnt to the provicicas of Section 8(a) of the 5:211 Busine : Act, 15 USC 637(a) (1), as amended, the small Eucines Ad::inis tratien (hereinaf ter called SEA) agrees to furnich the services set forth in this centract ace:rding to the specifications hereof. (3) It is und:r: teed and agreed that in the event SEA does not award subcontrae:: for the perfor:ance of all or part of the werk hereunder, this contract may be tc=inated in whol2 or in part with:ut cost to either party. The general provisions of this cen:ract. are not oserative between (4) ~7/ f. A'be/'<,* dr / 4 /7n/ /wNedhbut they are SSA and the e co.olicabic to 53A's succentra ::::. SEA has d:. legated to the 'N. /((e j < r- ./ f# #. / r??)W.m hg (5) (hcrcinaf ter called A/FC-thu fesponsibility for e 4 c _t..:., s _4 s...,.. o. .3.. ~. s...._~.-~,_..,,.a.

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orders, inspectien, and acceptance by /8 C-P.epresentatives and direct t. av=ent h<1 //f d. (6) For the pury:ses of this c:stract the reference to "his duly authorized represent:tive" in t'.e " Disputes" clauses of this contract shall be deemed to refer to the //#d (7) It i= further agreed that SSA will be centinuously ac.orised bv. the I C:ntracting Officer ad=inistering the a:ubcontract as to the progres and pe f =ance of its centractor. No' actica that could possibly lead i to the te=ination of the centract for " Default" or for " Convenience of the Gove:mment" shall be tshen by said Contracting Officer or his authori:cd F.apresentative without prior cencultatien with the 53A. ~. (3) It is under: teed and agreed that StA's contr :ter chall have the right of appealing deci icnc of the Pr:curement Contracting Officer, or h!.s j authori:cd P.epresentative,' cs cogni chle under the " Disputes" clause o.< u..,. c.,. f (9) Insurance and/or bonding requircrent:, if any, do not :.pply to S3A, but SDA will require bond: frca its contr..ctor as required to prote:t l the interC :: of the Covernment. \\ l (10) It != cgreed that th: provici:n of the "Ter-i..:.ti'.in 4 :,r Convenien:.," 4 . L,,.... ; O n,,,, V.. U c.; c.,,, ...,s,,. ,, t,. a.

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Recrenentations and Certificatiens g,. Th. Contractor reprcJents and Certifies that! (CheCh or complete all applicable b o.oi n or blocks.) 1. SMALL BUSINESS He (x) is, [ ] is not, a scall business concern. If offeror is a small business concern and is not the =anufacturer of the supplies offered, he also represents that all supplies to be furnished hereunder [ ] will, [ ] will not, be canufactured or produced by a small business concern in the United States, its possessions, or Puerto Rico. SMALL SUSLNESS COMCERN: A small bu-ince, concern fer the purpose of Gover==ent precure=ent is a concern, in-c!.itag its aff111 ares, which is independently owned and operated, is not de !nant in the field of operatica in which it is sub=itting offers on Govern-j contracts, and een further qualify under the criteria cencerning nu=ber mont of c=ployees, average annual receipts, or other criteria, as prescribed by the Stall Business Ad=inistratien. (See Code of Federal Regulations, Title 13, Part 121, as amendeu, which contains detailed industry definitions and related procedures.) 2. p.ECULAR DEALER - MANUTACTURE2 N/A He is a ( ) regular dealer in, [ ] canufacturer of, the supplies offered. 3. TYPE OF BUSINESS ORGANIZATION lie operates es [ ] an individual ( ) a partne rship, [ ] a nonprofit or"ani:stion, bc] a corporation, incorporated uncer the laws of the St, ate of

tarvland 4.

CCNTINCENT TEE (1) He [ ] has, (x) has not, employed or retained any ec=pany or person ( >t Scr than a full-time, bona fide employee working solely f or the of f eror) to snticit or secure this centract, and (b ) he [ ] has, (x ) has no t, paid or agre"d to pay any co:pany or person (other than a full-time bona fide e=ployee working solely for the offeror) any fee, cecnissien, percentage, or brokerage - f ee contingent upon or resulting from the award of this ccatract, and agrees to furnish bafor:stion relating to (a) and (b) above, as requested by the Contracting Officer. (?or interpretation of the representation, including the . ters '" bona fide e:ployee," see Code of Federal Regulations, Titic 41, Subpart 1-1.5.) 5. EQUAL OPPORTUMITY l He (x } has, [ ] has not, participated in a previcus centract or subcentract subject cither to the Equal Opportunity clause herein or the clause originally I, contained in sectier. 301 of Executive Order No. 10925, or the clause contained in nectice 201 of Executive Order No. 11114; that he D() has, [ ] has not, filbd all. required ce=pliance reports; and that representations indicating submission of required co=pliance reports signed by proposed subcontractors, l will be obtained prior to subcontract awards. (The above representation need g u . -.-.. a -..,. .n.-_. 4

(- .- 1 not b. cubmitted in connection with contracts or Jubcontracts which are emmpt f rom the clause.) 6. CEF.TIFICATION OF 11TDEPEUDENT PRICE DETEPMINATICN (a) By submission of this offer, the offerer certifies, and in the case of a joint of fer, each party thereto certifies as to its own organization, that in connection with this procurement: (1) The prices in thic offer have been arrived at independently, without consultation, co==unication, or agreement, for the purpose of restricting cocpetition, as to any =atter relating to such prices with any other offeror or with any competitor; (2) Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the offeror and will not knowingly be disclosed by the offeror prior to opening in i the case of an advertised procure =ent or prior to dward in the case of a negotiated procurc=ent, directly or indirectly to any other off eror or to any coepetitor; and (3) No att empt has been made or will be made by an offerer to induce nny other person or firm to submit or not to submit an offer for the purpose of restricting co= pet 1 tion. (b) Each perset signing this offer certif,les that: (1) He is the person in the offeror's organi:stion responsible with-in that organf ration for the decision as to the prices being offered herein and that he has not participated, and will not participate, in any action contrary to (a) (1) through (a) (3) above; or (2) (i) He is not the person in the offeror's organiration responsible within that organi:stion for the decision as to the prices being offered herein, but that he has been authorized in writing to act as agent for the persons respensible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (a)(1) throujh (a)(3) above, and as their agent does hereby so certify; and (ii) he has not participated, and will not participate, in any action contrary to (a)(1) through (a)(3) above. 7. BUY AMEPICAN CELTIFICATI The offeror hereby certifies that each end product, except the end pro- - i ducts listed below, is a decestic sourec end product (as defined in the clause entitled "Suy Accrican hat"); and that components of unknown origin hav'e been [ considered to have been mined, produced, or =anufactured outside the United S t a t'es. l l 11 . A Ase *= ' -=[- s.m.we Me 8--*+@'** enum. 41. mitw e ~~ one " = *** e _m

\\ ( s. e T.xcludod End Products Countrv of Origin 8. CT.RTIFICATION OF NONSECRICATED FACILITIES (Applicable to (1) contracts, (2) subcontracts, and (3) agree =ents with applicants who are the=selves performing federally assisted construction con-tracts, exceeding $10,000 which are not exe=pt from the provisions of the Eq n1 Cpportunity clause.) P the sub=1ssica of this bid, the bidder, of ferer, applicant, or sub-cc tractor certifies that he does not maintain or provide for his e=ployees any segregated facilities at any of his establish =ents, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further th.i t he will not e.aintain or provide for his e=ployees any segregated facilitics at any of his establish =ents, and that he will not per=1t his ceployees to per-for m their services at any location, under his control, where segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor acroes that a breach of this certification is a violation of the Equal Oppor-tunity clause in this contract. As used in this *ertificatien the term "sc nregated facilities" =eans any waiting rooms, work areas, rest rooms and war h roo:s, restaurants and other eating areas, time clocks, locker roo:s and oth"r storage or dressing arcas, parking lots, d::.nking fountains, recreation or entertain =ent areas, transportation, and houstig facilities provided for ceployees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin, because of habit, locil custom or otherwise. He further agrees that (except where he has obtained 1 lent f eal certifications from proposed subcontractors for specific ti=c perio(s) he will obtain idene.ical certificati:ns fr m proposed subcentractors prior to the award of subcontracts exceeding $10,000 which are not exe:pt from the provisions of the Equal Opportunity clause; that he will retain such certifi-cation in his files; and that he vill forward the following notice to such pro-poned subcontractors (except where the proposed subcontractors have submitted identical certificatiens for specific time periods): \\ Notice to crosoective subcentractors of recuirement for certifications of nonse recated facilities. A Certification of Nonsegregated Facilities =ust be sub=1tted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification cay be sub-mitted either for each subcontract or for all subcentracts during a period (i.e., quarterly, semiannually or annually). NOTE: The ecnaltv for r.aking .f31"o 9tatements in effers is crescribed in la U.S.C. 1001. '~ ~~ ~ ' ' ~ ~ ~ l I ,s. T= n... :,_. .n. Jos: -- ~~ ~ ~ ~ a n ' ~ ~ ~. ~ ~

( ( e-9. ArrIrn\\T!VE ACTION REPRESENTATION ~ The bidder or proposer has [x], has not [ ], developed an affir=stive action ersnpliance progrs= for each of its establish =ents. (See 41 CFR 60-1.40 and 604 2). If such a program has not been developed the bidder v111 co=plete the folltwing: The bidder does {x], does not [ ], e= ploy = ore than 50 e=ployees and.hss (x1, hnt not [ ], been awarded a contract subject to E:cacutive Order 11246 in the armnt of $50,000 or = ore since July 1, 1968. If such a contract has been awarded sinco July 1, 1968, give the date of such cont sec,but de. cot list contracts c awarded within the last 120 days prior to the date of this representation. 10. LISTISC OF EMPLOYENT OPENINGS Offerers should note that if the resultant contract from this RFP is for 510,C00 or = ore the successful proposer vill be required to comply with the requirc-montn of the contract cisuse set forth in section 1-12.1102-2 of the Federal Procurcecnt Regulations concerning the listing of e= ploy =ent openings. 11. MINCRITY BUSINESS ENTETJRISE He (X) is, [ ] is not, a minority business enterprise. A minority business enter-prise is defined as a " business, at least 50 per:ent of which is owned by =inority

• grcup members or, in case of publicly owned businesses, at least 51 percent ei l

the stock of which is owned by minority group ce=bers." For the purpose of this l de"initicn, minority group members are Negroes, Spanish-speaking American persons, American-Orientsis, A=erican-Indians, A=crican-Eski=os, and A=crican Aleuts. 12. CLEAN AIR AND JATER CE?.TIFICATICN (1-1.2302-1) The bidder et offeror certifics as follows: (a) Any f acility to be utili:cd in the performance of this proposed certtset has [ ], has not (x), been listed on the Environ =cntsi Protection Agency List of Vioisting Facilities. (b) He vill promptly notify the contrscting officer, prior to susrd, of the reccipt of any c==unicstion frem the Director, Offica of Federsi Activities, Environmental Proccction Agency, indicating that any faci-is lity which he proposes to use for the perfor:snce of the contract under cor sideration to be listed on the EPA List of Vioisting Tscili-ties. (c) He will include subetsntis11y this certifiestion, including this paragraph (c), in every nonexcept subcontract. i s'A p t icabic if bid or of fer or sward execeds $100,000 or indefinate quantity l cintract is expected to exccod ssee, or facility to be used is lined by imcironmqntal Protection Agency as convicted violator.) . l IV I I .,_a _m__0__ _

,-po,9 .s e <. 11. 'nrn-G;;ED DJSE!ESS (FPR 1-1.340) Concern is O is not & a woman-owned business'. A woman-owned business is a, business which is, at least, 51 percent owned, iontrolled, and operated by a woman or women. Contro11e'd'is defined as exercising the power to make policy decisions. Operated is defined as actively involved in the day-to-day management. For the purposes of this definition, businesses which are publicly owned, joint stock associa-tions, and ausiness trusts are exempted.. Exempted businesses may voluntarily represent that they are, or are not, woman-owned if this information is available. 14. PGCSE CF FCREIGN CCNICE (FPR 1-6.106) The offeror / contractor will represent (as an estimate), immediately after the award of a contract, the percent of the foreign content of the item o'r service being procured expressed as a percent of the contract award price (acceracy within plus or minus 5 percent is acceptable). ~.. i I i V f 6 m. .-....~....>..uc,.. -=

Rev: 2/15/78 Pagts 1 through 68 APPENDIX A - CENERAL PROVISIONS Cost-Type Contracts with Concerns Other Than Educational Institutions General Provisions Page 1. D e f ini t i on s..................................................... 1 2. Changes......................................................... 1 3. Limitation of Funds............................................. 2 4. Limitation of Cost.............................................. 4 5. Allowable Cost, Fee and Payment................................. 5 6. Standards of Work............................................... 7 7. Inspection and Correction of Defects............................ 7 S. Ass 1g= ment...................................................... 9 9. Framination of Records by Comptroller General................... 9 10. Subcontracts.................................................... 10 11. Utilization of Small Business Concerns.......................... 12 12. Termination for Default or Convenience of the Government........ 12 13. D1sputes........................................................ 17 14 Buy American Act................................................ 18 15. Convict Labor................................................... 19 16. Contract Work Hours and Safety Standards Act-Overtime Compensation.................................................. 19 17. Equal Opportunity............................................... 20

18. Officials Not to Benefit........................................

21 19. Covenant Against Contingent Fees................................ 21 20. Notice and Assistance Regarding Patent and Copyright Infringement.................................................. 22 21. Patents......................................................... 22 22. Government Property............................................. 30

23. Nucisar Hazards Indemnity-Product Liability.....................

35 24 Utilization of Labor Surplus Area Concerns...................... 37

25. Audit and Records...............................................

38 26. Price Reduction for Defective Cost or Pricing Dats.............. 39 27. Price Reduction for Defective Cost or Pricing Data-Price Ad j us tmen t s................................................... 40 28. Subcentractor Cost and Pricing Data............................. 41

29. Utilization of Minority Business Enterprises....................

42

30. Lis ting o f Employment 0p enin g s..................................

43 31. Payment of Interest on Contractor's Claims...................... 46 32. Employment of the Handicapped................................... 46

33. Clean Air and Water.............................................

47 34 Negotiated Overhead Rates....................................... 48

35. Notice to the Government of Labor Disputes......................

49 36. Requir ed Source f or Jewel Bea ring............................... 50 37. Cost Accounting Standards....................................... 52 38. Administration of Cost Accounting Standards..................... 55 39. Notice Regarding Late Delivery.................................. 56 40. Kay Personne1................................................... 56 41. Excusable Delays................................................ 57 42. State and Local-Taxes........................................... 57 43. Co p yri g h t....................................................... 58 P0ORgm,L

.e P00RORIGlWAl APPDG2 A - GENEPE. PROVISIONS (Cont'd) General Provisions (Cont'd) Page 44 Patent Indemnity.............................................. 59 45. Copyright Indemnification of Government....................... 59 46. 1.itigation and Cla1as......................................... 59 47. kanegotiation................................................. 60 48. Pem1ts....................................................... 60 49. Consultant or Comparable Employment Services of Contractor Employees................................................... 61 50. Safety. Health and Pire Protection............................ 61 51. Security...................................................... 61 52. Contractors organization...................................... 63

53. Private U se of Inf ormation and Data...........................

63 54 Dravings, Det.igns, Specifications............................. 63

55. Contractor Procurement........................................

64 56. Pref erence f or U. S. Tlas Air Carriers......................... 64 57. Authorized Representative..................................... 65 58. Step Work order............................................... 66 59. Publication and Publicity..................................... 67 60. Di s semi nation of Contract Information......................... 67

61. W o r k f o r 0 t he rs...............................................

68 I } l \\ 11 k h

APPENDII A U. S. NUCLEAR REGULATORY COMMISSION GENERAL PROVISIONS FOR COST-TTPE CONTRACTS Contracts with Concerns Other Than Educational Institutions 1. DEFINITIONS (1-7.102-1 and 9-7.5005-4) As used throughout this contract, the following terms shall have the===Mng set forth below: (a) The cara, " head of the agency" or " Secretary" as used harein means the Secretary, the Under Secretary,"and Assistant Secretary, or any other head or assistant head of the executive or military department or other Federal agency; and the term "his duly authorized representative" means any person or persons or board (other than the Contracting Officar) authorized to act for the head of the agency or. the secretat7 (b) The term " Commission" means the United States Nuclear Regulatory Commission or any duly authorized representative thereof, including the Contracting Officer azeept for the purpose of deciding an appeal under the article entitled " Disputes." (c) The term "Contfacting Officer" means the person executing this contract on behalf of the Government, and any other officer or civilian employee who is a properly designated Contracting Officar; and the term includes, except as other-wise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of his authority. (d) Except as otherwise provided in this contract, the term " subcontracts" includes purchase orders under this contract. 2. CHANGES (1-7.404-5) (a) The Contracting Officer may at any time, by a written order, and without notice to the surettes, if any, make changes within the general scope of this contract in any one or more of the following: (1) Drawings, designs, or specifications; (f.:' Method of shipment or packing; and (iii) Place of inspectios, delivery, or acceptance. (b) If any such change causes an increase or decrease in the estimated cost of, or the efme required for the performance of any part of the work under this contract, whether changed or not changed by any such order, or otherwise i ( affects any other provision of this contract, an equitable adjustment shall be made: (1) In the estimated cost or delivery schedule, or both; l i N 1 -e.

_ (ii) In the amount,of any fdzad fee to be ps.id to the Con-tractor; and I (iii) In such other provisions of the contract as may be aff ected, and the contract shall be modified in writing accordingly. Any clatz by the Contractor for adjustment under this clause must be asserted within thirty (30) days from the date of receipt by the Contractor of the notification of change; Provided, however, That the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any aime prior to final payment under this contract. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the ma=

• r of the clause of this contract entitled " Disputes."

However, except as provided in paragraph (c) below, nothing in this clause shall excuse the Contractor froc proceeding with the contract as changed. (c) Notvithstanding the provisions of paragraphs (a) and (b) above, the estimated cost of this contract and, if this contract is iacramentally funded, the funds allotted for the performance thereef, shall not be increased or deemed to be increased except by specific written modification of the contract in-dicating the new contract estimated cost and, if this contract is incrementally funded, the new amount allotted to the contract. Until such modification is made, the Contractor shall not be obligated to continue performance or incur costs beyond the point established in the clause of this contract entitled " Limitation of Cost" or " Limitation of Funds." ) 3. LIMI*EION OF FUNDS (1-7.202-3(b) and 1-7.402-2(c)) (Applicable to Contracts which are incrementally funded) (a) It is estimated that the cost to the Government for the performance .of this contract vill not exceed the estimated cost set forth in the Schedule, and the Contractor agrees to use his best efforts to perform the work specified in the Schedule and all chligations under this contract within such estimated cost. (b) The amount presently available for payment and allotted to this contract, the items covered thereby, the period of performance which it is estimated the allotted amount will cover, are specified in the Schedule. It is contemplated that frocn time to time additional funds will be allotted to this contract up to the full estimated cost set forth in the Schedule, exclusive of any fee. The Contractor agrees to perform or have performed work on this contract up to the point at which the total amount paid and payable by the Cove:neent pursuant to the terms of this contract approximates but does not exceed the total amount actually allotted to the contract. (c) If at any time the Contractor has reason to believe that the costs which he expects to incur in the performance of this contract in the next succeeding 60 days, when added to all costs previously incurred, will exceed i f e

3-75 percent of the total amount then allotted to the contract, the Contractor shall notify the Contracting Officer in writing to that effect. The notice shall state the estimated amount of additional funds required to continue per-formance for the period. set forth in the Schedule. Sixty days prior to the end of the period specified in the Schedule the Contractor will advise the Contracting Of ficer in writing as to the estimated amount of additional funds, if any, that i v111 be required for the timely performance of the work under the centract or for such further period as may be specified in the Schedule or otherwise agreed to by the parties. If, af ter such notification, additional funds are not allotted by the and of the period set forth in the Schedule or an agreed data l substituted therefor, the Contracting Officer will, upon written request by the Contractor, terminate this contract pursuant to the provisions of the Termination clause on such date. If the Contractor, in the exercise of his reasonable judgment, estimates that the funds available will allow him to i continua to discharge his obligations hereunder for a period extending beyond 1 such date, he shall specify the later date in this request and the Contracting Officer, in his discretion, may terminate this contract on that later date. J (d) Except as required by other provisions of this contract specifically citing and stated to be an exception from this clause, the Government shall not be obligated to reimburse the Contractor for costs incurred in excess of the total amount from time to time allotted to the contract and the Contractor shall not be obligated to continue performance under the contract (including actions under the Termination clause) or otherwise to incure costs in excess of the amount allotted to the contract, unless and until the Contracting Officer has notified the Contractor in writing that such allotted amount has been increased and has specified in such notice an increased amount constituting the total amount then allected to the contract. To the extent the amount allotted exceeds the estimated cost set forth in the Schedule, such estimated cost shall be corre-spendingly increased. No netica, communication, or representation in any other form or from any person othar than the Contracting Officer shall affect the amount allotted to this contract. In the absence of the specified notice, the Government shall not be obligated to reimburse the Contractor for any costs in excess of the total amount then allotted to the contract, whether those excese costs were incurred during the course of the contract or as a result of carmination. When and to the extent that the amount allotted to the contract has been increased, any costs incurred by the Contractor in excess of the amount previously allected shall be allowable to the same extent as if such costs had been incurred af ter such increase in the amount allotted; unless the Contracting Officer issues a termination or other notice and directs that the increase is solely for the purpose of covering termination or other specified expenses. (e) Change orders issued pursuant to the t'hanges clause of this contract shall not be considered an authorization to the Contractor to exceed the amount allotted in the Schedule in the absence of a statement in the change order, or other contract modification, increasing the amount allotted. (f) Nothing in this clause. shall affect the right of the Government to terminate this contract. In the event this contract is terminated, the OcVernment and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the contract based upon the share of costs incurred by each. c -.__-y g a y

4 (g) In the event that sufficient funds are not allotted to this con-tract to anov completiac of the work contemplated by this contract, the Con-tractor shan be entitled to that percentage of the ' fee set :forth in the Schedule equivalent to the percentage of completion of the work contemplated by this contract. 4. LIMITL10N OF COST (1-7.202-3(a) and 1-7.402-2(a)) (Applicable to Contracts which are funy funded only) e (a) It is. estimated that the total cost to the Government for the performance of this contract, exclusive of any fee,' win not exceed the estimated cost set forth in the Schedule, and :the Contractor agress to use his best efforts to perform the work specified in the Schedule and an obligations under this contract within such astimated cost. If, at any time, the Con-tractor has reason to believe that the costs which he expects to incur in the performance of this contract in the next succeeding 60 days, when added to su costs previously incurred, win exceed 75 percent of the estimated cost then set forth in the Schedule, or if, at any time, the Contractor has reason to balieve that the total co6t of the Government for the performance of this con-tract, exclusive of any fea, will be greater or substantian y less than the then estimated cost hereof, the Contractor shall notify the Contracting Officar in writing to that affect, giving the revised estimate of such total cost for the performance of this contract. (b) F.xcept as required by other provisions of this contract specificany citing and stated to be an exception from this clause, the Government shall not be obligated to reimburse the Contractor for costs incurred in excess of the estimated cost set forth in the Schedule, and the Contractor shall not be obligated to continue performance under the contract (including actions under the Termination clause) or otherwise to incur costs in excess of the estimated cost set forth in the Schedule, unless and until the Contracting Officar shan have notifind the Contractor in writing that such estimated cost has been increased and shan have specified in such notice a revised estimated cost vhich shan thereupon constitute the estimated cost of performance of this co6Er^act. No notice, communication, or representation in any other form or from any person other than the Contracting Officer shan affect the estimated cost of this contract. In the absence of the specified notice, the Government sha.H not be obligated to reimburse the Contractor for any costs in excess of the estimated cost set forth in the Schedule, whether those escass costs were incurred during the course of the contract or as a result of termination. When and to the extent that the estimated cost set forth in the Schedule has been increased, any costs incurred by the Contractor in excess of the estimated cost prior to such increase shan be allowable to the same aztent as if such costs had been incurred after the increase; unless the Contracting Officar issues a termination or other notice and directs that the increase is solely for the purpose of covering termination or other specifind expenses. (c) Change orders issued pursuant to the Changes clause of this contract shan not be considered an authorization to the Contractor to exceed the estimated cost set forth in the Schedule in the absence of a statement in the I change order, or other contract modification, increasing the estimated cost. l 4 9 ...em.- e 4 w n ~ --, e

. (d) In the avant that this e,ontract is terminated or the estimated cost not inersased, the Government and the Contractor shall negotiate and equitable distribution of all property produced or purchased under the contract based upon the share of costs incurred by each. 5. ALLOWA3LE COST, FIZED-FEE AND PAY 1GDIT. (1-7.202-4) and (1-7.402-3) (a) For the performance of thf4 contract, the Govarument shall pay to the Contractor: (1) The cost thereof thereinafter referred to as "allowabis cost") determined by the Contracting Officar to be _ allowable in accordance with:, (i) Subpart 1.15.2 of the' Federal Procurement Regulations (41 CFR 1-15.2), as in effect on the data of this contract; and (ii) The terms of this contract; and (2) Such fixed-fee, if any, as may be provided for in the Schedule. (b) Payments shall be made to the Contractor when requested as work progresses, but not more frequently than bi-weekly, in amounts approved by the Contracting Of ficer. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as such repre-sentative may requira, an invoice or public voucher supported by a statement of cost for the performance of this contract and elminad to constitute allowable cost. For this purpose, except as provided herein with respect to pension con-tributions, the term " costs" shall include only those recorded costs which result, at the time of the request for reimbursement, from payment by cash, check, or other form of actual payment for items or services purchased directly for the i contract, together with (when the Contractor is not delinquent in payment of i costs of contract performance in the ordinary course of business) costs i incurred, but not necessarily paid, for materials which have been issued from the Contractor's stores inventory and placed in the production process for use on the contract, for direct labor, for direct travel, for other direct inhouse costs, and for properly allocable and allowable indirect costs, as is shown by records maintained by the Contractor for purposes of obtaining raimbursements under Government contracts plus the amount of progress payments which have been paid to the Contractor's subcontractors under st=He cost standards. In addition, when pension contributions are paid by the Contractor to the retirement fund less frequeetly than quarterly, accrued costs therefore shall be excluded from indirect costs therefore for payment purposes until such costs are paid. If pension contributions are paid on a quarterly or more frequent basis, accruals therefor may be included in indirect costs for payment purposes provided that they are paid to the fund within 30 days after the close of the period covered. If payments'are not made to the fund within such 30-day period, pension con-tribution costs shall be excluded from indirect cost for payment purposes until payment has been made. The restriction on payment more frequently than bi-weekly and the requirement of prior payment for items or services purchased directly for the contract shall not apply when the Contractor is a small business concern. (c) Promptly after receipt of each invoice or voucher and statament of cost, the Government shall, azeept as otherwise provided in this contract j l subjec: to the provisions of (d), below, make psynen: thereec as approved by the Contracting Officer. Paynent of the fixed-fee,if any, shall be made to the Con:rac:or as specifief in the Schedule: Provided, however, That after pavnen: of 85 percen: of the fixed-fee se: for:h in the Schedule, the Contracting Officer may withheld further payment of fee until a reserve shall have been se: aside in an anount which he considers necessary :o protec: the interests of the Government, bu: such reserve shall no: exceed 15 percent of the total fixed-fee, or $100,000, whichever is less. (d) At any time or times prior to final payment under this contract the Contracting Officer may have the invoices or vounbers and statements of cost audited. Each payment theretofore made than be subject to reduction for amounts included in the related Avoice or vencher which are found by the Contracting officer, on the basis of such and.it, not to constitute anovable cost. Any payment may reduced for overpayments, or increased for underpsyments, on preceding invoices or vouchers. (e) On receipt and approval of the invoice or voucher designated by the Contractor as the "conletion invoice" or " completion voucher" and upon coe-pliance by the Contractor with au the provisions of this contract (including without limitation, the provisions relating to patents and the provisions of (f), below), the Government shan promptly pay to the Contractor any balance of anowable cost, and any part of the fixed-fea, which has been withheld pursuant to (c), above, or otherwise not paid to the Contractor. The completion invoice or voucher shan be subnitted by the Contractor promptly'fonowing con:pletion of the work under this contract but in no event later than 1 year (or such longer periods as the Contracting Officer may in his discretion approved in writing) fron the date of such completion. (f) The Contractor agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the contractor or any assignee under this contract shan be paid by the Contractor to the Government, to the extent that they are properly allocable to costs for which the Contractor has been reimbursed by the Gcvernment under this contract. Reasonable arpenses incurred by the Contractor for the purpose of securing such refunds, rebates, credits, or other amounts aban be anovable costs hereunder when approved by the Contracting Officer. Prior to final payment under this contract, the Contractor and each assignee under this contract whose assignment is in effect at the time of final psyment under this contract shan execute and deliver: (1) An assignment to the Government, im form and substance satisf actory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including any interest thereon), properly anocable to costs for which the Contractor has been reimbursed by the Government under this contract; and (2) A release discharging the Government its officers, agents, and employees from au liabilities, obligations, and claims arising out of or under this contract, subject only to the fonoving exceptions: (i) Specified claims in stated amounts or in estimated amounts where the amounts are not susceptible of exact statement by the Contractor; 4 I 6 au

7-(ii) Claims, together with reasonable expenses incidental thereto, based upon liabilities of the Contractor to third parties arising out of the performance of this cont;ract: provided, however, that such claims are not known to the Contractor on the date of the execution of the release; and provided further, that the Contractor gives. notice of such Mah in writing to the Contract 1ng Officar not mora' than 6 years af ter the data of the release or the data of any notice to the Contractor that the Government is prepared to make final payment, whichever is pr11er; and (iii) Claims for rainbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable expenses incidental thereto, incurred by the contractor undar the provisions of this contract relating to patents. (g) Any costs incurred by the Contractor under the terms of this contract which would constitute allowable cost under the provisions of this clause shall be included in determining the amount payable under this contract, notwithstand1ng any provisions contained in the specifications or other documents incorporated in the contract by reference, designating services to be performed or materials to be furnished by the Contractor at his expense or without cost to the Government. 6. STANDARDS OF WORK (1-7.402-4) The Contractor agrees that the performance of work and services pursuant to the requirements of this contract shall conform to high professional standards. i \\ 7. INSPECTION AND CORRECTION OF DEFECTS (1-7.402-5) (a) All work under this contract shan be subject to inspection and cast by the Government (to the extent practicable) at au times (including the period of performance) and places, and in any event prior to acceptance. The Contractor shall provide and maintain an inspection system acceptable to the Government covering the work baroundar. The Government, through any authorized representative, may inspect the plant or plants of the Contractor or of any of his subcontractors engaged in the performance of this contract. If any inspection or test is made by the Government on the premises of the Contractor or a subcontractor the Contractor shan provide and shall require subcontractors to provide au reasonable f ac111cias and assistanca for the safety and convenience of the Government inspectors in the performance of their duties. All inspections and tests by the Government shall be performed in such a manner as viu not unduly delay the work. Except as otherwise provided in this contract, final inspection and acceptance shan be made at the place of delivety as promptly as practicable af ter delivery and shall be deemed to have been nada no later than 90 days af ter the date of such delivery, if acceptance has not been made earliar within such period. 4 O 1 l ..n--.- ---n, -w

~ l , (b) At a 7 time during perfomance of this contract, but not later than 6 ) months (or such other time as may be provided in the Schedule) af ter acceptance of all of the end items (other than designs, drawings, or reports) to be delivered under this contract, the Government may require the Contractor to remedy by correction or replacement, as directed by the Contracting Officer, any failure by the Contractor to comply with the requirements of this contract. Any time devoted to such correction or replacement shan not be included in the computation of the period of time specified in the preceding sentence, except as provided in (d), below, except as otherwise provided in paragraph (c), below, the allow-ability of the cost.cf any sdeh replacement or correction shan be determined as provided in the clause of this contract entitled " Allowable Cost, Fixed Fee, and Payment," but no additional fee chan be payable with respect thereto. Corrected articles shan not be tendered again for acceptance unless the former tender and the requirseent of correction is disclosed. If the Contractor fails to proceed with reasonable promptness to perform such replacement or correction, the Government (1) may by contract or otherwise perform such replacement or correction and charge to the Contractor any increased cost occasioned the Government thereby..or may reduce any fixed fee payable under the contract (or require repayment of any fixed l f ee theretofore paid) in such amount as may be equitable under the circumstances, l or (2) in the case of ' articles not delive. red, may require the delivery of such articles, and shall have the right to reduce any fixed fee payable under this t 1 contract (or to require repayment of any fixed fee theretofore paid) in such amount as may be equitable under the circumstances, or (3) may terminate this contract for def ault. Failure to agree to the amount of any such increased cost to be, charged to the Contracter or to such reduction in, or repayment of, the fixed fee, shall be deemed to be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputas." (c) Biotwithstanding the provisions of paragraph (b), above, the Government may at any time require the Contractor to remedy by correction or replacment, vithout cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if such failure is due to fraud, lack of good faith, or willful misconduct on the part of any of the Contractor's directors or officers, or on the part of any of his managers, superintendents, or other equivalent repre-l sentatives, who has supervision or direction of (1) all or substantially all of l the Contractor's business, or (2) all or substantiany all of the Contractor's operations at any one plant or separate location in which this contract is being l performed, or (3) a separate and complete major industrial operation in connection with the performance of this contract. The Government may at any time also require the Contractor to remedy by correction or replacement, without cost to the Government, any such f ailure caused by one or more individual employees, selected or retained by the Contractor after any such superviacry personnel has reasonable grounds to believe that any employee is. habituany careless or otherwise unqualified. (d) The provisions of paragraph (b), above, shan apply to any corrected or replacement and item or component until 6 months af ter its acceptance. l l E

9 (e) The Contractor shan make his records of an inspection work available to the Government during the perf ormance of this contract and for such longer period as may be specified in this contract. (f) Except as provided in this clause and as may be provided in the Schedule, the Contractor sha n have no obligation or liability to correct or replace articias which at the time of delivery are defective in material or workmanship or other-vise not in conformity with the requirements of this contract. 9 (g) Except as otherwise provided in the Schedula, the Contractor's obligation to correct or replace Government-furnished property (which is property in the possession of or acquired directly by the Government and delivered or otherwise made available to the Contractor) shan be governed by the provisions of the clause of this contract entitled " Government Property." 8. ASSIGNME2C (9-7.5006-46) l Neither this contract nor an intarast therein nor claim thereunder shall be i assigned or transferred by the contractor except as expressly authorized in writing i by the Contracting Officar. l l 9. EIAMDtATION OF RECCEDS ET COMPTROMER GENERAL (1-7.103-3 and 9-7.5004-10) l (a) This clause is applicable if the amount of this contract exceeds $10,000 and was entered into by means of negotiation, including sman business reatricted i advertising, but is act applicabis if this contract was entered into by means of formal advertising. (b) The contractor agress that the Comptrollar General of the United States or any of his duly authorized representatives shan, until the expiration of 3 years af ter final payment under this contract unless the Commission authorizes their prior disposition, have access to and the right to==he any directly pertinent books, documents, papers, and records of the contractor involving transactions related to thLs contract. (c) The contractor further agrees to include in a n his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Comptrollar General of' the United States or any of his duly authorized repre-sentatives shan, until the expiration of 3 years af tar final payment under the subcontract unless the Commaission authorizes their prior disposition, have access to at.d the right to examina any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions related to the sub-The term " subcontract" as used in this clause excludes (1) purchase con tract. orders not exceeding $10,000 and (2) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. l l l 1

_ 1 (d) The periods of access and ex==%= tion described in (b) and (c), abeva, f or records which relate to (1) appeals under the " Disputes" clause of this contract, (2) litigerion or the settlement of claims arising out of the performance of this contract, or (3) costs and expenses of this contract as to which exception has been takee by the Co=ptroller General or any of his duly authorized representatives, shall continue until such appeals, litigation, cladas, or exceptions have been disposed of. (e) Nothing in this contract shall be deemed to preclude an audit by the General Accounting Office of kny transaction under this contract. 10. SUB00CRACTS (1-7.402-8) (a) The Contractor shall notify the Contracting Officer reasonably in advance of entering into any subcontract which (1) is cost-reimbursement type, tine and materials, or labor-hour, or (2) is fixed-price type and exceeds in dollar amou=t either $25,000 or 5 percant of the total estimated cost of this contract, or (3) provides for the f abrication, purchase, rental, installation, or other acquisition of special test equipment having a value in excess of $1,000 or of any items of industrial facilities, or (4) has experimental, developmental or research work as one of its purposes. (b) In the case of a proposed rubcontract which is (1) cost-reimbursement type, eine and materials, or labor-hour which would involve an estimated amount in excess of $10,000, including any fee, (2) is proposed to excaed $100,000, or (3) is one of a nunber of subcontracts under this contract with' a sintle subcon-tractor for the sane or related supplies or services which, in the aggregate are expected to exceed $100,000, the advance notification required by (a), above, l shall include: (1) A description of the supplies or services to be called for by the subcontract; (2) Identification of the proposed subcontractor and an explanation of why and how the proposed subcontractor was selected, including the degree of ccepetition obtained: (3) The proposed subcontract price, together with the contractor's cost or. price analysis thereof; (4) The subcontractor's current, complete, and accurate cost or pricing data and Certificate of Current Cost or Pricing Data when such data and certificate are required by other provisions of this contract to be obtained from the subcontractor; (5) Identification of the type of subcontruct to be used; ~ e 1 ew

.= 1. (6) A memorandum of negotiation which sets forth the principal alaments of the subcontract price negotiations. A copy of this memorandum shall be retained in the Contracter's file for the use of Government reviewing authorities. The memorandum shall be in sufficient detail to reflect the most significant consider-ations controlling the establishment of initial or revised prices. The memorandum should include an explanation of why cost or pricing data was, or was not required, and, if it was not required in the case of any price negotiation in excess of $100,000, a statement of the basis for determining that the price resulted from or was based. on adequate price acepetition, established catalog or markat prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation. If cost or pricing data was submitted and a certificate of cost or pricing data was required, the memorandum shall, reflect the aztent to which reliance was not placed upon,the factual cost or pricing data submitted and the extent to which this data was not used by the Contractor in determining the total price objective and in negotiating the final prica. The memorandum shall also reflect the extent to which it was recognized in the negotiation that any cost or pricing data submitted by the subcontractor was not accurate, complete, or current; the action taken by the Contractor and the subcontractor as a result; and the effect, if any, of such defective data on the total price negotiated. Were the total price negotiated differs significantly from the Contractor's total price objective, the memorandum shall explain this difference; (7) Wen incentives are used, the memorandum of negotiation sht12 contain an explanation of the incentive fee / profit plan identifying each critical performance element, management decisions used to quant 1fy each incentive element, reasons for incentives on particular performanca characteristics, and a brief summary of trade-off possibilities considered as to cost, performance, and time; and (8) The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract to be obtained from the subcontractor. (c) The Contractor shall obtain the written consent of the Contracting Officer prior to placing any subcontract for which advance notification is required under (a) above. The Contracting Of ficer may, in his discretion, ratify in writing any such subcontract; such action shall constituts the consent of the Contracting Officer as required by this paragraph (c). (d) The Contractor agrees that no subcontract placed under this contract shall provide for payment on a cost-plus-a-percentage-of-cost basis. (e) The Contracting Officer may, in his discretion, specifically approve in writing any of the provisions of a subcontract. However, such approval or the i consent of the Contracting Officer obtained as required by this clause shall not ] \\ 1 e,

12 - i be construed to constitute a dete v.ination of the allowability of ary cost under this contract, ur. lass such approval specificany provides that it constitutes a deterr.ination of the allowability of such cost. (f) The Contractor shall give the Contracting Of.ficer innadiate notice in writing of any action or suit filed, and prompt notice of any cla.in made against the Contractor by any subcontractor or vender which in the opinion of the Contractor, may result in litigation, related in any vey to this contract, with respect to which the Contractor may %e entitled to reimbursement from the Government. (g) liotwithstanding (c) above, the Contractor may enter into subcontracts within (1) or (ii) of (a) above, without the consent of the Contracting Officer, if the Contracting Officer has approved in writing the Cont: tactor's procurament systec and the subcontract is within the scope of such approval. (This subparagraph (g) however, shan not be applicable to those subcontracts subject to paragraph (j) below, if any.) (h) To f acilitate small business participation in subcontracting under this contract, the Contractor agress to provide progress paymener on the fixed-price types of subcontracts of those subcontractors which are sman business concerns, in conforuity with the standards for customary progress payments stated in the Federal Procurement Regulations, subpart 2-30.5, as in effect on the date of this contract. The Contractor further agrees that the need for such progress payments viu not be considered as a handicap or adverse factor in the award of subcontracts. (1) The Contractor shall select subcontractors (including suppliers) on a Competitive basis to the maximum artent consistent with the objectives and require-mants of this Contract.

11. UTILIZATION OF SMALL BUSINESS CON : ERNS (1-1.710-3(a))

(Applicable to contracts exceeding $10,000) (a) It is the policy of the Government as declared by the Congress that a f air proportion of the purchases and contracts for supplies and sarrices for the Government be placed with saan busineas concerns. (b) The contractor agrees to accomplish the maximum amount of subcontracting to snau business concerns that the contractor finds to be consistant with the efficient performance of this contract. 12. TERMINATION FOR DEFAULT OR FOR CDNVENIENCE OF TE 00VERNMEhT (1-8.702) (a) The performance of work under the contract may be terminated by the Government in accordance with this clause in whole, or from time to time in parts o P 4 4 ,. + - >

1 1 ) (1) Whenever the contractor shan default in performance of this contract in accordance with its tarms (including in the term " default" any such i failure by the contractor to make progress in the prosecution of the werk hereunder as endangers such perfo:mance), and shall fail to cure such daf ault within a period of can days (or such longer period as the Contracting Officar may anow) af ter recaipt from the Contracting Officar of a notice specifying the dafault; or (2) Whenever for'sany reason the Contracting Officer shan determine that such termination is in the best interest of the Government. Any such termination shall be effected by delivery to the contractor of a Notics of Termination specifying whether termination is for-the default of the contractor or for the convenience of the Government, the extant to which per-formance of work under the contract is tarminated, and the date upon which such termination becomes affective. If, af ter notice of termination of this contract for default under (1) above, it is determined for any reason that the contractor was not in default pursuant to (1), or that the contractor's failure to perform or to make progress in performance is due to causes beyond the control and without the fault or neg11gance of the contractor pursuant to the provisions of the clause of this contract relating to excusable delays, the Notice of Termination shall be deemed to have been issued under (2) above, and the rights and obligations of the parties hereto sha u in such event be governed accordingly. (b) Af ter receipt of a Notica of Termination and except as otherwise directed by the Contracting Officar, the contractor shalls (1) Stop work under the contract on the date and to the extent specified in the Notica of Termination; (2) Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for coepletion of such portion of the work under the contract as is not terminated; (3) Terminata an orders and subcontracts to the extant that they relate to the performance of work terminated by the Notice of Termination; (4) Assign to the Government, in the manner and to the extent directed by the Contracting Officer, all of the right, title, and interest of the contractor under the orders or subcontracts so terminated, in which case the Government shall have the right, in its discretion, to seccia or pay any or au claims arising out of the termination of such orders and subcontracts; (5) With the approval or ratification of the Contracting Officar, to the extant he may requira, which approval or ratification sha n be final and conclusive for au purposes of this clause, settle all outstanding 1:'. abilities ~ I )

14 - and au claims arising out of such termination of orders and subec= tracts, the cost of which wocid be reir.bursable in whole or in part, in accordance with the provisions of this contract; (6) Transfer title to the Government (to the extent that title has not a.1 ready been transferred) and deliver in the manner, at the times and to the extent directed by the Contracting Officer, (1) the f abricated or unf abricated parts, verk in process, completed work, supplies, and other material produced as a part of, or acquired in srespect 'of the performance of, the work' terminated by the Notice of Termination; (ii) the complated or partiany completed plans, drawings, information, and other property which, if the contract had been completed, would be required to be furnished to the Government; and (iii) the jigs, dies, and fixtures, and other special tools and tooling acquired or ma:r.ifactured for the performance of this contract for the cost of which the contractor has been or win be reimbursed under this contract; (7) t)se his bast efforts to sen;.in the manner, at the times, to the extant, and at the price or prices directed or authorized by the Contracting Officer, any property of the types referred to in (6) above: Provided, however, That the contractor (1) ahan not be required to extend credit to any purchaser, and (ii) may acquire any such property under the conditions prescribed by and at a price or prices approved by the Contracting Officer: And provided further, That the proceeds of any such transfer.or disposition shau be applied in reduction of any payments to be made by the Goverratent to the contractor under this contract or shall othervise be credited to the price or cost of the work covered.by this contract or paid in such other manner as the Contracting Officer may direct; (8) Complete performance of such part of the work as shan not have been terr 1ncted vy the Notice of Termination; and (9) Take such action as may be necessary, or as the Contracting Officer may direct, for the protection and pruservation of the property related to this contract which is in the possession of the contractor and in which the Goverranent has or may acquire an internat. The contractor shan proceed 4=maMately with the performance of the above obligations notwiths*=nMar any delay in determining or adjusting the amount of the f ot, er any item of reimbursable cost, under this clause. At any time after expiration of the plant clearance period, as defined in Subpart 1-8.1 of the Federal Procurement Regulations (41 CTR 1-8.1), as the definition may be amended from time to time, the contractor may submit to the Contracting Officer a list., certified as to quantity and quality, of any or an items of termination irventory not previously disposed of, exclusive of items the disposition -of which has oeen directed or authorized by the Contracting Officer, and may request the Government to remove such items or enter into a storage agreement covering them. Not later than fif teen (15) days thereafter, the Government win accept such items and remove them or enter into a storage agreement covering the same: Provided. That the list sub-c.itted shan be subject to verification by the Contracting Officer upon removal of s m

- L5 - l I the items or, if the items are stored, within forty-five (45) days from the date of submission of the list, and any necessary adjustment to correct the list as submitted sha.11 be made prior to final settlement. (c) Af ter receipt of a Notice of Termination, the contractor shall submit to the Contracting Officer his termination claim in the form and with the certi-fication prescribed by the Contracting Officer. Such claim shall be submitted promptly but in no event later than one year from the effective date of termination, unless one or more extensions in writing are granted by the Contracting Officer upon request of the contractor made in writing within such one-year period or authorized extension thereof. Bovever, if the Contracting Officer determines that the f acts justify such action, ha may receive and act upon any such ter-mination claim at any time af ter such one-year period or any extension thereof. Upon failure of the. contractor to Tubmit his termination claim within the time allowed, the Contracting Office.: say, subject to any review required by the con-tracting agenc'y's procedures in affect as of the date of execution of this con-tract, determine, on the basis of information available to him, the amount, if any, due to the contractor by reason of the termination and shall thereupon pay to the contractor 'the amount so determined. (d) Subject to the provisions of paragraph (c), and subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract, the contractor and the Contracting Officer may agree upon the whole or any part of the amount or amounts to be paid (including an allowance for the fee) to the contractor by reason of the total or partial ter-mination of work pursuant to this clause. The contract shall be amended accordingly, and the contractor shall be paid the agreed amount. (e) in the event of the f ailure of the contractor and the Contracting Officer to agree in whole or in part, as provided in paragraph (d), as to the amounts with respect to costs and fee, or as to the amount of the fee, to be paid to the con-tractor in connection with the termination of work pursuant to this clause, the Contracting Officer shall, subject tu any review required by the contracting agency's procedures in effect as of the date of execution of this contract, determine,-on the basis of intornation available to him, the amount, if any, due to the contractor by reason of the termination ar.d shall pay to the contractor the amount detartined as follows: (1) If the settiment includes cost and fee-- (1) There shall be included therein all costs and expenses reimbursable in'accordance with this contract, not previously paid to the contractor f or the performance of this contract prior to the effective date of the Notice of. Termination, and such of these costs and say continue for a reasonable time thereaf ter. with the approval of or as directed by the Contracting Officer: Provided, however, That the contractor shall proceed as rapidly as practicable to discontinue such costai; 4 f I l e 1.

(ii) There shall be included therein so f ar as not included under (1) above, the cost of settling anc paying claims arising out of the terr.inatioc of work under subcontracts or orders, as provided in paragraph (b)(3) above, which are properly chargeable to the terminated portion of the contract; (iii) There shan be included therein the reasonable costs of settlement, including accounting, legal, clerical, and other expenses reasonably necessary for the preparatied of settlement claims and supporting data with respect to the terminated portion of the contract and for the termination and settlement of subcontrants thereunder, together with reasonable storage, *rans-portation, and other costs incurred in connection with the protection or dis-position of termination inventory: Previded, however. That if the termination is for default of the contractor there shan not be included any amounts for the l preparation of the contractor's settlement proposal; and (iv) There shan be included therein a portion of the fee payable under the contract determined as fonovs-(A) In the event of the terzination of this contract for the l convenience of the Government and not for the default of the contractor, there shan j be paid a percentage of the fees equivalent to the percentage of the completion of work contemplated by the contract, but exclusive of subcontract effort included in subcontractors ' termination rim 4==. less fee payrents previously made hereunier; or (3) In the event of the termination of this contract for the def ault of the contractor, the total fee payable shan be such proportionate part of the fee (or, if this contract cans for articles of different types, of such l part of the fee as is reasonably allocable to the type of article under consider-l ation) as the total number of articles delivered to and accepted by the Government bears to the total number.cf articles of a lika kind caued for by this contract, If the amount determined under this subparagraph (1) is less than the total 1 l payment theretofore made to the contractor, the contractor shan repay to the Government the excess amount. (2) If the settlement includes only the fee, the amount thereof vin be determined in accordance with subparagraph (1)(iv) above. (f) Costs claimed, agreed to, or dete.rmined pursuant to paragraphs (c), (d), and (e) of this clause shan be in accordance with the cor. tract cost principles and procedures in TPR 1-15.2. l (g) The contractor shan have the right of appeal, under the niause of this I l centract entitled Disputes," from any determination made by the Contracting f Of ficer under paragraph (c) or.(e) above, except that, ff - the contractor has failed 4

. t to submit his claim withis the time provided in paragraph (c) above and has failed to request extension of such time, he shall have no such right of appeal. In any case where the Contracting Officer has made a determination of the amount due under paragraph (c) or (e) above, the Government shan pay to the contractor the followings (1) If there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Contracting Officer, or (2) if an appeal has been taken, the amount finany determined on such appeal. (h) In arriving at the smount due the contractor under this clause there shall be deducted (1) all unliquidated advance or other payments theretofore made to the contractor, ' applicable to the terminated portion of this contract, (2) any claim which the Government may have against the contractor in connection with this contract, and (3) the agreed price for, or the proceeds for sale of, any materials, supplies, or-other things acquired by the contractor or sold pursuant to the provisions of this clause and not otherwise recovered by or credited to the GoverDaent. (1) In the event' of a partial termination, the portion of the fee which is payable with respect to the work under the continued portion of the contract shan be equitably adjusted by agreement between the contractor and Contracting of ficer and such adjustaaet shan be evidenced by an amendmant of this contract. (j) The Government may from time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the contractor in connection with the terminated portion of the contract whenever in the opinion of the Contracting Of ficer the aggregate of such payments shall be within the amount to which the contractor will entitled here-under. If the total of such payments is in excess of the amount fhmily deter-mined to be due under this clause, such excess shan be payable by the contractor to the Government upon d===nd, together with interest computed at the rate of 6 percent per annum, for the period from the date such excess payment is received by the contractor to the date on which excess is repaid to the Government: Provided, however, That no interest sha n be charged with respect to any such excess payment attributable to a reduction in the contractor's claim by reason of recention or other disposition of termination inventory until 10 days af ter the date of such retention of disposition, er such later data as determined by the Contracting Officer by reason of the ciressmatances. (k) The provisions of this clause relating to the fee shan be inapplicable if this contract does not provide for payment for a fee.

13. DISPUTES (1-7.102-12)

(a) Except as otherwise provided in this contract,. any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shan be decided by the Contracting Officer, who shall reduce his e 4 0 <,w. decision to writing and mail or othervise furnish a copy thereof to t.ha con-tractor. The decision of the Contracting Of ficer shall be final and con-clusive unless within 30 days f rom the date of receipt of such copy, the con-tractor ma.11s or otherwise f urnishes to the Ccatracting Officer a written appeal addressed to the Conar.ission. The decision of the Commission or its duly authorized representative for the determination of such appeals shan be final and conclusive unless determined by a court of competent jurisdiction to have been f raudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to iJcply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this &lause, the contractor shan be afforded an opportunity to be heard and to offer evidenca in support of its appeal. pending final decision of a dispute hereunder, the contractor shall pieceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. (b) Thi.s " Disputes" clause does not preclude consideration of law questions in connection with decisions provided f or in paragraph (a) above: Provided That nothing in this contract shall be construed as making final the decision of any adt:inistrative of ficial, representative, or board on a question of law. 14 BUT AMI:E1CAN ACT (1-6.104-5) (9-7.5001-16). (a) In acquiring and products, the Buy American Act (41 U.S. Code 10a-10d) provides that the Government give preference to domestic source and products. For the purpose of this clauses (1) " Components" means those articles, materials, and suppliac which are directly incorporated in the and products; (ii) "End products" means those articles, materials, and supplies which are to be acquired under this contract for public use; and (iii) A " domestic source and product" means (A) ma unmanufactured end product which has been ad.ned or produced in the United States and (E) an and product manuf actured in the United Stataa if the cost of the components thereof which are mined, produced, or manufactured in the United States ~ceeds 50 percent H the cost of an its components. For the purposes of this (s.? 111) (B), com-ponents of f orn gn origin of the same type of kind as the products reierred to in (b) (11) or (iii) of this clause sbau be treated as components mined, produced, or manuf actured in the United States. (b) The Contractor agrees that there viu be used under this contract (by the Contractor, subcontractor, materialren and suppliers) only domestic source and i products, except and products: (1) Which are for use outside the United States; (ii) Which the Government determines are not mined, produced, or manuf actured in the United States in suf ficient and reasonably available commercial 1 quantities and of a satisfactory quality;

(iii) As to which the Commission determines the domestic preference to be inconsistent with the public interest; or (iv) As to which the Commission determines the cost to the Govern-ment to be unraasonable. 15. CONVICT LABOR (1-12.204) In connection with the perfgemance of work under this contract the Contractor agrees not to, employ any person undergoing sentence of imprisonment except as provided by Public Law 89-176, September 10,1.065 (18 U.S.C. 4082(c) (2)) and Executive Order 11755, December 29, 1973. 16. CONTRACT WORT. BOURS AND SAFETY STANDARDS ACT - vviaH.r!E COMPENSATION (1-12.303) This contract, to the extent that it is of a character specified in the i Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), is subject to the following pavisions and to all other applicable proviswas and exceptions of such act and the r.egulations of the Secretary of Labor thereunder. (a) Overtime Requirement. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, apprentices, trainees, watchmen, and guards shall require or permit any laborer, mechanic, apprentice, trainee, watchman, or guard in any workveek in which he is employed on such work to work in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek on work subject to the provisions of the Contract Work Hours and Safety Standards Act unless such laborer, mechanic, spprentice, trainee, watchman, or guard receives compensation at a rate less than one and one-half times his basic rate of pay for all such hours worked not in excess of 8 hours in any calendar day or in excess of 40 hours in such werkweek, whichever is the greater number of overtime hours. (b) Violation; lisility for unpea wages; liquidated damages. In the of any violation of the provisi4s af paragraph (a), the Contractor and event any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be l liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, apprentice, trainee, watchman, or guard employed in violation of the provisions of paragraph (a) in the sum of $10 f or each calendar day on which such employee was required or j permitted to be employed on such work in excess of 8 hours or in excess of his standard workweek of 40 hours without payment et the overtime wages required by paragraph (a). (c) Withholdings for unpaid wages and liquidated damages. The Centracting Of'J.cer may withhold from the Gov.ernment Prime Contractor, from any moneys payable on account of work performed by the Nntractor or subcontractor, such sums as may was.m m smise"

a hde'strative.17 be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions of paragraph (b). (d) Subcontracts. The Contractor shan insert paragraphs (a) through (d) of this clause in au subcontracts', and shan require their inclusion in all sub-contracts of any tier. (e) Records, he ContraI: tor shan maintain payrou records conreining t.he information specified in 29 CTE 516.2(a). Such records shan be preserved for 3 years f ros the coc:plation of the contract. 17. EQUAL OPPORWNUT (1-12.803-2). (The f c11ovi.ng clause is applicable unless this contract is exempt under the rules, regulations, and relevant orders of the Secretary of Labor (41 CTE, ch. 60)). During the performance of this contract, the contractor agrees as follows: (a) The contractor viu not discriminate against any employee or applicant for e=ployment because of race, color, religion, sez, or national origin. The contractor viu take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shan include, but not be limited to, the fonoving: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of conpensation; and selection for training, including apprenticeship. Thi contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this Equal Opportunity clause. (b) The contractor wi n, in au solicitations c advertisements for ecployees placed by or on behalf of the contractor, state that au qualified applia. ants win receive consideration for employment without regard to race, creed, color, or national origin. (c) The contractor wi u send to each labor union or representative-of workers with which he has a conective bargaining agreement or otbsr contract or understanding, a notica, to be provided by the agency Contracting Officer, advising the labor union or workers' representative of the contractor's com-mitments under this Equal Opportunity clause, and shall post copies of the notice in conspicuous places available to employees and appl 1 cants for employment. (d) The contractor viu comply with au provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders -of the Secretary of Labor. 5 g 4

(e) The contractor wi n furnish a n information and reports required by hecutive Order No.11246 of September 24, 1965, and by the Wies, regulations, and orders of the Secretary of Labor, or pursuant thereto, and vi u permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor f or purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) in the event of the contractor's noncompliance with the Equal Opportunity clause of 'this contract or with,any of the said rules, regulations, or orders, this contract may be cancened.. terminated, or suspended, in whole or in part, and the contractor may be declared ineligible for further Covernment contracts in accordance with procedures authorized in Executive Order :to, n246 of September 24, 1965, and such other sanctions may be imposed and rasedias invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The contractor win include the provisions of paragraphs (a) through (g) in every subcentract or purchase order unless exempted by rules, regulations, i or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions vill be binding upon each subcontractor or vender.. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such prov1sions, including sanctions for noncompliance Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may requast the United States to enter into such litigation to protect the interests of the United States.

18.. OITICIALS NOT TO BENEFIT (1-7.202-17)

No member of or delegate to Congress, or resident commissioner, shan be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provisions shan not be construed to extend to this contract if made with a corporation for its general benefit. 19. COVENANT AGA1NST CONTDIGENT FEIS (1-1.503) (9-7.5004-2) (a) Varrantv-Termination or deduction for breach. The contractor warrants that no person or seuing agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokarage, or contingent fee, excepting bona fide employees or bona fide established commercial or seuing agencias maintained by the contractor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to at.nul this contract without 11ab111ry or in its discretion to deduct frae the contract price or consideration .or otherwise recover, the ful.1 amount of such commission, percentage, brokerage, or coc,tingent f ee.

(b) Subconrracts and purchase orders. Unless otherwise authorized by the Contractig Officer in writing, the con-tractor shall cause provisions sMim? to the forescing to be inserted in a.11 sub-contracts and purchase orders entered into under this contract.

20. so;1CE AND ASSISTAN:2 PmrnING PAIEki AND COPTE1GET INTE.DiODGhi (1-7.103-4) (Applicable to Contracts excaeding $10,000) e (a) The Contractor shall report to the Contracting Officer, prcuuptly and in reasonable written detail, each notice or claim of patent or copyright in-fringement based on the performance of this contract of which the Contractor has knowledge.

(b) in the event of any claim or suit against the Government, on account of any a.11eged patent or copyright infringement arising out of the perf ormance of this Contract or out of the use of any supplies furnished or work or services Performed hereunder, the Contractor shall furnish to the Government, when requested by the Contracting Officer, all evidence and info:mation in possession of the Contractor pertaining to such suit er claim. Such evidence and information shall be furnished at the expense of the Government ex.spt where the Contractor has agreed to indemnify the Government.

21. PATIhTS (1-9.107-5(a))

(a) Definitions. j .(1) " Subject Invention" means any israention or discovery of the Contractor conceived or first actually reduced to practice in the course of or under this contract, and includes any art, method, process, machine, manuf acture, design, or composition of matter, or any new and useful improvements thereof, or any variety of plant, which is or may be patentable under the Patent Laws of the United States of America or any foreign country. (2) " Contract" means any contract, agreement, grant, or othar arrangement, or subcontract entered into with or for the benefit of the Government where a purpose of the contract is the conduct of experimental, development, or research work. (3) " States and domestic municipal governments" means the States of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, the Trust Territory of the Pacific Islands, and any political subdivision and agencies thereof. (4) " Government agency" includes an executive department, independent commission, board, of fice, agency, administration, authority, Government cor-poration, or other Government establishment of the executive branch of the

Government of the United States of America and for the purpose of this contract the U.S. Nucisar Regulatory Commission. (5) "To the point of practical application" means to manuf acture in the case of a composition of product, to practice in the case of a process, or to operate in the case of a machine and under such conditions as to establish that the invention is being worked and that its benefits are reasonably accessible to the public. 9 (b) Allocation of principal rights. i (1) Assignment to the Government. The Contractor agress to assign 1 to the Government the entira right, titia, and interest throughout the world in I and to each Subject Invention, except to the extant that rights are retained by the Contractor under paragraphs (b)(2) and (d) of this clause. (2) Greater rights determinations. The Contractor or the employee-inventor with authorization of the Contractor may retain greater rights than the nonexclusive license provided in paragraph (d) of this clause in accordance with the procedure and critaria of 41 CFR 1-9.109-6. A request for decarmination whether the Contractor or the employee-inventor is entitled to retain such greater rights must be submitted to the Contracting Officer at the time of the first disclosure of the invention pursuant to paragraph (e) (2) (1) of this clause, or not later than 3 months thereaftar, or such longer period as may be author 1 zed by the Contracting Officar for good cause shown in writing by the Contractor. The information to be submitted for a greater rights determination is specified in 41 CFR 1-9.109-6. Each datarmination of greater rights under this contract normally shall be subject to paragraph (c) of this clause and to the rasarvations and cond1tions deemed to be appropriata by the agency. (c) Minimum rights acquired by the Government. With respect to each Sabject Invention to which the Contractor reemina principal or exclusive rights, the Contractors (1) Hereby, grants to the Government a nonexclusive, contransferable, paid-up license to maka, use, and sell each Subject Invention throughout the world by or on bahm!! of the Government of the United Status (including any Government agency) and Statas and domestic municipal governments; (2) Agrees to grant to responsible applicants, upon request of the Government, a license on terms that are reasonable under the circumstances: (1) Unless the Centractor, his license, or his assignee demon-stratas to the Government that effective steps have been taken within 3 years af ter a patent issues on such invention to bring the invention to the point of practical application, or that the invention has been made available for licens' ~ t 9

. 24 - royalty-free or on te:ns that are reasonable in the circumstances, or can show cause why the principal or exclusive rights should be retained for a further period of time; or (ii) To the extent that the inve.stion is required for public j use by governmental regulations or' as may be necessary to fulfin public health, safety or velfare needs, or for othar public purposes stipulated in this contract; (3) Shall submit wrltten reports at reasonable intervals upon request of the Conmission during the term of the patent oc the gubject Invention regarding: (1) The Commercial use that is being made or is intended to be made of the invention; and (ii) The steps taken by the Contractor or his transf eree to brity; the invention to the point of practical application or to make the invention available for licensing; (4) Agrees t'o refund any amounts received as royalty charges on any Subject Invention in procurements for or on behalf of.the Government and to provide for that refund in any instrument transferring reights to any party in the invention; and (5) Agrees to provide for the Government's paid-up license pursuant to paragraph (c) (1) of this clause in any instrument transferring rights in a Subject Invention and to provide for the granting of licenses as required by (2) of this clause, and for, the reporting of utilization information to the Comr.ission as required by paragraph (c) (3) of this clause whenever the instrument transfers principal or exclusive rights in any Subject Invention. Nothing contained in this paragraph (c) shan be deemed to grant to the Government any rights with respect to any invention other than a Subject Invention. (d) Minimus rights to the Contractor. (1) The Contractor reserves a revocable, nonexclusive, royalty-free license in each patent application filed in any country on a Subject Invention and any resulting patent in which the Government acquires title. The license 1 shan extend to the Contractor's domestic subsidiaries and affiliates, if any, within the corporate structure of which the Contractor is a part and shan include the right to grant sublicenses of the same scope to the extent the Con-tractor was legany obliga'ted to do so at the time the contract was awarded. The license shan be transferable only with approval of the Com=ission except when transf erred to the successor of that part of the Contractor's business to which the invention pertains. ~ 4 e 4

t .u. (2) na Contractor's nonexclusive domestic license retained pursuant to paragraph (d)(1) of this clause may be revoked or modified by the Commission to the extent necessary to achieve expeditious practical application of the Subject Invention under 41 CTR 101-4.103-3 pursuant to an application for exclusive license submitted in accordance with 41 CTR 101-4.104-3. n is license shan nor be revoked in that field of use and/or the geographical areas in which the Contractor has brought the invention to the point of practical application and continues to make the beng'xclusive license in any foreign country reserved fits of the invention reasonable accessible to the public. n a Contractor's none pursuant to paragraph (d)(1) of this clause may be revoked or modified at the discretion of the Commission to the extent the Contractor or his domestic sub-sidiaries or affiliates have failed to achieve the practical application of the invention in that foreign country. (3) 'Before the modification or revocation of the license, pursuant to paragraph (d)(2) of this clause, the Commission shall furnish the Contractor a written notice of its intention to modify or revoke the license and the Con-tractor shan be anowed 30 days (or such longer period as may be authorized by the Commission for good cause shown in writing by the Contractor)' af ter the notice to show cause why the license should not be modified or revoked. na Contractor shan have the right to appeal, in accordance with procedures prescribed by the Commission any decision concerning the modification or revocation of his license. (a) Invention, identification, disclosures, and reports. (1) na Contractor shan establish and maintain active and effective procedures to ensure that Subject Inventions are promptly identified and timely disclosed, nese procedures shan include the maintenance of laboratory notebooks or equivalent records and any other records that are reasonably necessary to document the conception and/or the first actual reduction to practice of Subject Inventions, and records which show that the procedures for identifying and dis-closing the inventions are fo11 owe 4 Upon request, the Contractor shall furnish the Contracting Officer a description of these procedures so that he may evaluate and determine their effectiveness. (2) na Contractor shan furnish the Contracting Officer: (1) A complete technical disclosure for each Subject Invention within 6 months af ter conception or first actual reduction to practice whichever occurs first in the course of or,under the contract, but in any event prior to any on sale, public use, or publication of such invention known to the Contractor. ne disclosure shan identify the contract and inventor and shall be sufficiently complete in technical detail and appropriately illustrated by sketch or diagram l co convey to one skined in the art to which the invention pertains a clear under-I standing of the nature, purpose, operation, and, to the extent known, the physical, chemical, bilogical, or electrical characteristics of the invention; ~ I m. m________

26 - (1.1) Interic reports at least every 12 months from the date of the contract listing Subject Inve.ntions for that period and certifying that: (A) The Contractor's procedures for identifying and disclostng i Subject Inventions as required by this paragraph (e) have been followed throughout the reporting period; and (B) All Subject Inventions have been disclosed or that there are no such inventions; and (iii) A fins 1 report within 3 months after completion of the con-tract work, listing all Subject Inventions or certifying that there were no such inventions. (3) The Contractor shall obtain patent agreements to effectuate the provisions of this clause from all persons in his employ who perform any part of the work under this contract except nonterh4 r=1 personnel, such as clerical employees and manual laborers. (4) The Contractor agrees that the Commission may duplicate and disclose Subject Invention disclosures and all other reports and papers furnished or required to be furnished pursuant to this clause. (5) In order to protect the patent interest of the Government er the Contractor, the Contractor shall obtain the written approval of the Contracting Of ficer prior to the release or publication of the information in any Subject Invention disclosure by the Contractor or other partien acting on his behalf. i e (f) Forfeiture of rights in unreported Subject Inventians. (1) The Contractor shall forfeit to the Government all rights in any Subject Invention which he fails to disclose to the Contracting Officer within 6 months after the time het (1) Files or causes to be filed a t) cited St.ates or foreign application thereon; or (ii) Submits the final report required by paragraph (t)(2)(111) of this clause, whichever is later. '(2) However, the Contractor shall not. forfeit rih; hts in a Subject Invention if, within the time specified in (1)(1) or (1)(11) of this paragraph (f), the Contractor: (1) Prepared a written decision based upon a review of the record that the invention was neither conceived nor first actually reduced to -practice in the course of or under the contract; or s G 4 4 9 4

i 4 (11) Contending that the invention is not a Subject Invention, he nevertheless discloses the invention and all facts partinent to his contantion to the Contracting officar; or (iii) Establishes that the failure to disclose did not result from his fault or negligence. (3) Pending written assignment 'of the patent applications and patents on a Subject Invention decarmfhed by the Contracting Officar to be forfeited (such determination to be a final decision under the Disputas Clause), the Contractor shall be deemed to hold the invention and the patent applications and patents per**4a4af thereto in trust for the Commission. The forfatture provision of this paragraph (f) shall be in addition to and shall not supersede other rights and remedias which the Government may have with respect to subject Inventions. (g) Examination of records relatingi to inventions. (1) The Conerseting Officer or his authorized representative until the expiration of 3 years after final payment under this contract shall have the right to a m ina any books (4aM -84== laboratory notebooks), records, documents, and other supporting data of' the Contractor which the Contracting officer reasonably deems pertinent, to the discovery or identification of Subject Invent 0ans or to determine compliance with the requirements of this clause. (2) The Contracting Officer shall have the right to review all books (including laboratory notebooks), records and documents of the Contractor relat-ing to the conception or first actual reduction to practice of inventions in the same field of technology as the work under this contract to determine whether acy such invenciens are Subject Inventions if the Contractor refuses or fails to: (1) Establish the proceduras of paragraph (e)(1) of this clause; or (11) Maintain and follow'such procedures; or (iii) Correct or eliminate any material deficiency in the procedures within thirty (30) days af ter the Contracting Officar notifies the Contractor of such a deficiency. (h) Withholding of payment (Not applicable to Subcontracts). (1) Any time before final payment of the amount of this contract, the Contracting Officer may, if he deems such action varranted, withhold payment until a reserve not exceeding $50,000 or 5 percent of the amount of this contract, whichever is less, shall have been set aside if in his opinion the Contractor fails to: ~ y -m g., pp-, -,, 9 r r-'tv- ?T*'t 1 F'1* MT

(1) Establish, maintain, and fcllow eff attive proceduras for identifying and disclosing Subject inventions pursuant to parynph (e)(1) of this clause; or (ii) Disclose any Subject Invention pursuant to paragraph (e) (2)(1) of this clause; or (iii) Deliver acceptable interim reports pursuant to paragraph * (e)(2)(11) of this clausa; or * ' (iv) Provide the information re$arding subcontracts pursuant to I paragraph (1)(5) of this clause. The rasarve -or balance shall be withheld until the Contracting j Of ficar has detartined that the Contractor has rectified whatever deficiencias i exist and has delivered au reports, disclosures, and other information required by this clausa. (2) Final payment undar this contract ahan not be made before the Contractor delivers to the Contracting Officar all disclosures of Subject. Inventions required by paragraph (e)(2)(1) of this clause, and an acceptable final report pursuant to (e)(2)(iii) of this clausa. (3) The Contracting officar may, in his diseration, decrease or increase the suas withheld up to the nazimum authorized above. If the Contractor is a nonprofit organization the==r4=um amount that may be withhald undar this paragraph shall not exceed 450,000 of 1 percent of' the amount of this contract vhichever is lass. No amount shan be withheld under this paragraph while the amount specified by this paragraph is being withheld under other provisions of the contract. The withholding of any amount or subsequent psyment thereof shan not be construed as a waivar of any rights accruing to the Government under this i contract. l (1) Subcontracts (1) For the purpose of this paragraph the term " Contractor" means the party awardi.ng a subcontract and the tara " Subcontractor" means the part,, being awarded a subcontract, regardless of tier. (2) Unless otharvise authorised or directed by the Commission Con-l tracting Officar, the Contractor stia11 include this Patent 2.ights clause modified to identify the parties in any subcostract hereunder if a purpose of the sub-i contract is the conduct of experimental, developmental, or research work. In the event of refusual by a Subcontrat. tor to accept this clause, or if in the opinion of the Contractor this clause is inconsistent with the policy set forth in 41 CFR 1-9.107-3, the Contractor: l

. (1) Shall promptly submit a written notice to the Commission Con-tracting Officer setting forth reasons for the Subcontrator's refusal and other - pertinent information which may expedite disposition of the matter; and (ii) Shau not proceed with the subcontract without the written authorization of the Commission Contracting Officer. (3) The Contractor sha.u not, in any subcontract or by using a subcontract as consideration therefor, acquire any rights in his Subcontractor's Subject Invention for his own8use (as distinguished from such rights as may be required solely to fulfin his contract obligations to the Government in the performance of his contract). (4) An invention disclosures, reports, instruments, and other infor-nation required to be furnished by the Subcontractor to the Constission Contracting of ficer under the provisions of a Patent Rights clause in any subconter.ct hereunder may, in the discretion of the Commission Contracting officer, be furnished to the Contractor for transmission to the Commission Contracting Officer. (5) The Contractor shall promptly notify the Commission Contracting Officer in writing upon the award of any subcontract containing a Patent Rights clause by identifying the Subcontractor, the work to be performed under the sub-contract and the dates of award and estimated completion. Upon request of the Commission contracting officer, the contractor shan furnish a copy of the sub-contract. If there are no subcontracts con *=4a4a5 Patent Rights Clauses, a negative report shall be included in the final report submitted pursuant to paragraph (e)(2)(iii) of this clause. i (6) The Contractor shall ident1fy au Subject Inventions of the Sub-contractor of which he acquires knowledge in the performance of this contract and shan notify the Commission Contracting Officer promptly upon the identification of the inventions. (7) It is undarstood that the Commission is a third party beneficiary of any subcontract clause granting rights to the Government in Subject Inventions, and the Contractor hereby assigns to the Commission au rights that he would have to enforce the Subcontractor's obligations for the benefit of the Commission with respect to Subject Inventions. The Contractor shan not be obligated to enforce the agreements of any Subcontractor barounder relating to the obligations of the Subcontractor to the Commission in regard to Subject Inventions. (j) geserved (k) Reserved 6 9 l 1 m + .._y .-.y., 9 y-e y t=- ,-+ (1) He clain f or pecuniary award or compensation under the provisions of the Atomic Energy Act of 1954 as amended shan be asserted by the Contractor or its employees with respect to any invention or discovery made or conceived in the course of or under this contract. (t) Vith respect to any U.S. Paten Application filed by the Contractor on any contract invention or discovery made or conceived in the course of the contract, the Contractor win incorporate in the first paragraph of the U.S. Paten: Application the fonoring statement: o "The invention described herein was made in the course of, or under a contract (if desired may substitute contract with identifying number) with the U.S. Nuclear Regulatory Consission." 22. GOVEENKEh7 PROPIT.TT (1-7.203-21) (a) The Government shan deliver to the Contractor, for use in connection with and under the terms of this contr'act, the property in the Schedule or speci-fications, together with such related data and information as the Contractor may request and as msy reasonably be required for the intended use of such propercy (hereinaf ter referred to as " Government-furnished Preparty"). The delivery or per-formance dates for the supplies or services to be furnished by the Contractor under this contract are based upon the expectation that Government-furnished property suitable for use vill be delivered to the Contractor at the times stated in the Schedule or, if not so stated, in anfficient time to enable the Contractor to meet such delivery or performance dates. In the event that Government-furnished property is not delivered to the Contractor by such time or times, the Contracting Officer shall, upon timely written request made by the Contractor make a determination of the delay, if any, occasioned the Contractor and shan equitably adjust the estimated fixed fee, or delivery or performance dates, or an of them, and any other

cost, contractual provisions affected by any such delay in accordance with the procedures provided for in the clause of this contract entitled " Changes." In the event that Government-furnished property is received by the Contractor in a condition not suitable for the intended use, the Contractor shall, upon recaipt thereof notify the contracting officer of such fact and, as directed by the Contracting Officer, either (1) return such property at the Government's expense or otherwise dispose of the property, or (2) effect repairs or modifications.

Upon completion of (1) or (2), above, the Contracting Officer upon written request of the Contractor shan equitably adjust the estimated cost, fixed fee, or delivery or performance dates, or an of them, and any other contractual provision affected by the return or disposition', or the repair or modification in ' ccordance with the procedures pro-a vided for in the clause of. this contract entitled " Changes." The foregoing provisions for adjustment are exclusive and the Government shan not be liable to suit for breach of contract by reason of any delay in delivery of Government-furnished property or delivery of such property in a condition not suitable for its intended use. ~

(b) (1) By notice in writing the Contracting Officer may (1) decrease the property furnished or to be furnished by the Government under this contract, or (ii) substitute other Government-owned property for property to be furnished by the Government, or to be acquired by the Contractor for the Government under this contract. The Contractor shan promptly take such action as the Contracting Officer may direct with respect to the removal and shipping of property covered by such no tice. e (2) In the event of any decrease in or substitution of property pursuant to paragraph (1), above, or any withdrsval of authority to use property provided under any contract or lease, which property the Government had agreed in the Schedule to make available for the performance of this contract, the Contracting Officer, upon the written request of the contractor (or, if the substitution of property causes a decrease in the cost of performance, on his own initiative), shall equitably adjust such contractual provisions as may be affected by the decrease, substitution, or withdrawal, in accordance with the procedures provided for in the " Changes" clause of this contract. (c) Title to all property furnished by the Government shan remain in the Government. Title to au property purchased by the contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shan pass to and vest in the Government upon delivery of such property by the vender. Title to other property, the cost of which is reimbursable to the Contractor under the contract, shan pass to and vest in the Government upon (1) issuance for use of such property in the performance of this contract, or (2) commencement.of processing or use of such property in the performance of this contract, or (3) reimbursement of the cost thereof by the Government in whole or in part, whichever first occurs. All Government-furnished property, together with an property acquired by the Contractor title to which vests in the Government under this paragraph, are subject to the provisions of this clause and are hereinaf tar collectively ref erred to as " Government property." Title to the Government property shan not be affected by the incorporation or attuhment thereof to any puperty not owned by the Government, nor shan such Government propert7, or any part thereof, be or become a fixture or lose its identity as personality by reason of affixation to any realty. (d) The Contractor shan be directly responsible for and accountable for all Government property provided under this contract. The contractor shan establish and* maintain a system to control, protect, preserve, aad maintain an Government property. This system shall, upon request by the Contracting Officer, be submitted for review and, if satisfactory, approved in writing by the Contracting Officer. The Contractor shall maintain and make available such records as are required by the approved system and must account for all Government property until relieved of responsibility therefor in accordance with the written instructions of the Contracting Officer. To the extant directed by the Contracting Officer, the Contractor shan identify Government property by marking, tagging, or segregating in such manner -as to clearly indicate its ownership by the Government. 4 M

(e) The Government properry shall, unless otherwise provided herein or approved by the Contracting Officar, be used only for the performance of this contract. (f) The Contractor shall maintain and ed=4n4 =ter, in accordance with sound industrial practice, a program for the utilization, maintenance, repair, protection, and preservation of Government properry so as to assure its full availability and usefulness for the performance of this contract. The Contractor shall take all reasonable steps to comply with all appropriate directions or instructions which the Contracting Officar may prescribe as reasonably necessary for the protection of l Government property. (g) (1) The Contractor shall not be liable for any loss of or damage to the Covernment proporry, or for expenses incidental to such loss or damage, except that the Contractor sha.11 be responsible for any such loss or damage (including expenses incidental thereto): (1) Which results from willful misconduct or lack of good f aith on the part of any one of the Contractor's directors or officers, or on the part of any of his managers,

• superintendents, or other equivalent representatives, who has supervision or direction of:

(A) All or substantially all of the Contractor's business; or (B) All or substantially all of the Contractor's operations at any one plant or separate location in which this contract is being performed; or (C) A separate and complete major industrial operation in connection with the performance of this contract. (ii) Which results from a failure on the part of the Contractor, due to the willf ul misconduct or lack of good faith on the part of any of his directors, officers, or other representatives mentioned in subparagraph (1), above: j (A) To maintain and =d=4e4 =ter, in accordance with sound i industrial practice, the program for utilization, maintenance, repair, protection, and preservation of Government property as required by' paragraph (f) hereof, or to take all reasonable steps to comply with any appropriate written direction of the Contracting Officer under paragraph (f) bereof; or (2) To establish, maintain, and ade %4=ter in accordance with paragraph (d) hereof a system for control of Government property. (iii) For which the Contractor is otherwise responsible under the express terms of the clause or clauses designated in the Schedule; s b O N. ~' -cr-

(iv)- Which results from a risk expressly required to be insured under this contract, but only to the extent of the insurance so required to be procured and maintained, or to the extent of insurance actuany procured and maintained, whichever is greater; or (v) Which results from a risk which is in fact covered by ) ins"rance or for which the Contractor is otherwise reimbursed, but only to the extent of such insurance or reimbursement. s Any failure of the Contractor to act, as provided in subparagraph (ii), above, shan be conclusively presumed to be a failure resulting from winful misconduct, or lack of good faith on the part of such directors, officers, or other representatives mentioned in subparagraph (1), above, if the Contractor is notified by the Contracting Of ficer by registered or cartified mail addressed to one of such i directors, officers, or other representatives, of the Government's disapproval, withdrawal of approval, or nonacceptance of the Contractor's program or system. 1 In such event it shan be presumed that any loss or damage to Government property resulted from such failure. The Contractor shall be liable for such loss or damage unless he can establish by clear and convincing evidence that such loss or damage did not result from his failure to maincain an approv*.d program or system, or occurred during such time as an approved pros /am or system for control of Government property was maintained. If acre than one of the above asceptions shall be applicable in any case, the Contractor's liability under any one exception shan not be limited by any ocher exception. If the Contractor transfers Government property to the possession and control of a subcontractor, the transf er shall act affect the liability of the Contractor for loss or destruction of or damage to the property as set forth above. However, the Contractor shall require the subcontractor to assume the risk of, and be responsible for, any loss or destruction of or damage to the property while in the latter's possession or control, except to the extent that the subcontract, with the prior approval of the Contracting Officer, provides for the relief of the subcontractor from such liability. In the absence of such approval, the subcontract shan contain appropriate provisions requiring the return of all Government property in as good condition as when received, except for reasonable waar and tear or for the utilization of the property in accordance with the provisions of the prime contract. (2) The Contractor shan not be reimbursed for, and shan not include as an item of overhead, the cost of insurance, or any provisions for a reserve, covering the risk of loss of or damage to the Government property, except to the extent that the Government may have required the Contractor to carry such insurance under any other provisiens of this contract. l (3) Upon the happening of loss or destruction of or damage to the Government property, the Contractor shall notify the Contracting Officer thereof, 1 --e m ,m., we v.

and shan concernicate with the loss and salvage organization, if any, now or here-a.f ter designated by the Contracting Of ficer, and with the assistance of the loss and salvage organizations so designated (unless the Contracting Officar has designated that no such organization be senployed), shan take an reasonable steps to protect the Government property from further damage, separate the damaged and undamaged Government property,' put au the Government property in the best Possible order, and furrJ.sh to the Contracting officar a statement of: (1) he lost, ' destroyed, and damaged Government property; (ii) ne time and origin of the loss, destruction, or damage; (iii) All known interests in canar er1=d property of which the d Governmant property is a p' art; and \\ (iv) n e insurance, if any, covering any part'of or intarast in such commingled proparty. De Contractor shall make repairs and renovations of the damaged Government property or take such other action as the Contracting Officer directs. (4) In the event the Contractor is indemnified, reimbursed, or otherwise compensated for any loss or destruction of or damage to the Government property, he shan use the proceeds to repair, renovate, or replace the Government property involved, or shan credit such proceeds against the cost of the work covered by the contract, or shall otherwise reimburse the Government, as directed by the Con-tracting Of ficer. ne Contractor shan do nothing to prejudice the Government's right to recover against third parties for any such loss, destruction, or damage and, upon the request of the Contracting Officer, shan, at the Government's expense, furnish to the Government au reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment in f avor of the Government) in obtaininF recovery. In addition, where the sub-contractor has not been relieved from liability for any loss or destruction of or damage to Government properry, the Contractor shan enforce the liability of the l subcontractor ior such loss or destruction of or damage to the Government property for the benefit of the Government. (h) ne Constission, and any persons designated by it, shan at all reasonable times have access to the premises where any of the Government property is located, f or the purpose of inspecting the Government property. 1 (1). Upon the completion of this contract, or at such earlier dates as may be fixed by the Contracting Officer, the Contractor shan submit to the Contracting Of ficer in a f orm acceptable to him, inventory schedules covering an items of the Government property not consumed in the performance of this contract, or not theretofore delivered to the Government, and shall deliver or make such other disposal of such Government property as may be directed or authorised by the Con-tracting Officer, ne net proceeds of any such' disposal shan be credited to the s t 8 0

cost of the work covered by the contract or shan be paid in such manner as the Contracting Officer may direct. The foregoing provisions shan apply to scrap from Government property: Provided, however, That the Contracting Officer may authorize or direct the Contractor to omit from such inventory schedules any scrap consisting of fault-' castings or forgings, or cutting and processing vaste, such as chips, cuttingt. borings, turnings, short unds, circles, trimmings, clippings, and r=n=nts, and to dispose of such scrap in accordance with the Contractor's established accounting procedures. 9 (j) Unless otherwise provided herein, the Government: (1) May abandon any Government property in place, and thereupon all obligations of the Government regarding such abandoned property shan cease; and. (ii) Has no obligation to the Contractor with regard to restoration or rehabilitation of the Contractor's premises, neither in case of abandonment (paragraph (j)- (1), above), disposition on complation of need or of the contract (paragraph (1), above), her otherwise, except for restoration or rehabilitation costs caused by removal, of Government property pursuant to paragraph (b), above. (k) All communications issued pursuant to this clause shall be in writing. 23 NUCIIAR HAMDS INDDfNITY - PRODUCT LIABILITY (9-7.5004-25) l (a) This article is incorporated into this contract pursuant to the authority contained in section 170d of the Atomic Energy Act of 1954, as amended (hereinafter caued the Act). (1) The definitions set out in the Act shan apply to this article. (2) The term " product delivered under the contract" means any material; equipment; device; drawing; specification or tschnical data made, proposed, or acquired by the contractor in the course of performance of the contract and delivered to the Commission or to any other person as directad or approved by the Commission. (b) Except as hereaf ter permitted or required in writing by the Commission, the contractor vill not be required to provide or maintain, and will not provide 1 or maintain at Goverment expense, any form of financial protection to cover public liability. The Commission may at any time require in writing that the contractor provide and maintain financial protection of such a type and in such amount as the Commission shall determine to be appropriate to cover public liability against which the contractor is indemn4*ied hereunder: Provided, That the costs of such financial protection vill be reimbursed to the contractor by the Commission. i l ~

(c) (1) To the extent that the contractier and other persons indemnified are not cor.pensated by any financial protection pe:1r.itted or requi red by the Coe-missi.on, the Comr.ission vin indemnify the contractor, and other p msons indem=ified, age. ins t (1) claims for public liability as described in subparagraph (2) of this paragraph (c); end (ii) the reasonable costs of investigating and settling r1=4==, and def ending suits for damages f or such public liability, provided that the Com-mission's liability, including such reasonable costs, under an indemnity agreements entered into by the Commission under section 170 of the Act, including this contract, shan not exceed $500 e<1mn in the aggregate for each nuclear incident occurring within the Dr.ited States er $100 million in the aggregate for each nuclear incident occurring outside the United States, irrespective of the number of persons indemnifind in connection with this contract. (2) ne public liability referred to in subparagraph (1) of this section is public liability which (1) arises out of or in connection with the contractual activity; and (11) arises out of or results from a product delivered under the contract; but does not include liability for a nuclear incident which is covered by any other indemnity agreement entered into by the h4asion pursuant to section 170 of the At.t. (d) ne Contractor shan give 4==*e4=te written notice to the Commission of any known action or claim filed or made against the contractor or other person indemnified for public liability as defined in paragraph (2) of section (c). Except as otherwise directed by the Coter.ission, the Contractor shall furni.sh promptly to the Commission copies of au pertinent papers received by the Contractor or filed with respect to such actions or cla4me. When the Ocamission shall deterrine that the Government win probably be required to nahe indemnity payments under the provisions of section (c) above, the Commission shan have the right to, and shan, couaborate with the Contractor. and any other person indemnified in the j settlement or defense of any action or claim and shan have the right (1) to require the prior approval of the Commission for the payment of any claim that the Concission may be required to indemnify hereunder, and (2) to appear through the Attorney General on behalf of the Contractor or other person indemnified in any action bror,ght upon any claim that the Commission may be required to indemnify hereunder, take charge of such action, and settle or defend any such action. If the settlerant or def ense of any,such action or claim is undertaken by the Commission, the Contractor or other person indemnified shan furnish all reasonable assistance in eff ecting a settlement or asserting a defensa. (e) ne obligations of the Commission under this article shan not be i affected by any f ailure on the part of the contractor to fulfin its obligation l under this contract, and shan be unaffected by the death, disability or termination of existence of the contractor or by the completion, termination, or expiration of this contract. (f) ne parties to this contract enter into this article upon the condition that this article may be amended at any time by the mutual written agreement o' l

4 0 g. the Commission and the contractor and that such amendment may, by its arpress terms, provide that it win apply to any nuclear incidents which occur theraaf tar. (g) The provisions of this article shan not be limited in any way by, and shan be intarpreted without reference to, any other article of this contract {, including Articia 12, Disputes}: Provided, however, That the following provisions of this contract: Article 18, Covenant Against Contingent Fees; Article 17, Offi-cials Not to Benefit; Article 7, Assignment; and Article 8, Fmamination of Records by the Comptrollar General; andsany provisions latar added to this contract which, under applicable Federal law, including statutes, executive orders, and regula-tions, are required to be included in agreements of this type contained in this article, sha n apply to this article. (b) ' [The fo nowing section will be included in those contracts cournining indemnity agreements executed under the general contract authority of the NRC.] To the extent that the contractor is compensated by any financial protection, or is indemnified pursuant to this articia, or is affectively relieved of public liability by an order or orders limiting same pursuant to section 170e of the Atomic Energy Act of 1954, as amended, the provisions of Articia (General Authority Indemnity) shall not apply. 2 4'. UTTT.TZATION OF CONCERNS IN IABOR SURPI,US AREAS (1-1.805-3(a)) I (The following clause is applicable if this contract exceeds $10,000.) l (a) It is the policy of the Government u award contracts to labor surplus areas concerns that (1) have been cartified by the Secretary of Labor (hereafter ref erred to as cartified-eligible concerns with first or second pref arances) l regarding the employment of a proportionate number of disadvantaged individuals and have agreed to perform substantially (1) in or near sections of concentrated un-employment or undaremployment or in persistent or substantial labor surplus areas or (ii) in other areas of the United States, respectively, or (2) are noncertified I concarus which have agreed to perform substantiany in persistant or substantial labor surplus areas, where this can be done consistant with the efficient per-formance of the contract and at prices no higher than are obtainable elsewhere. The contractor agrees to use his best afforts to place his subcontracts in accordance with this policy. (b) In complying with paragraph (a) of this clause and with paragraph (b) of the clause of this contract entitled " Utilization of Small Business Concerns" the contractor in placing his subcontracts shall observe the following order of preference: (1) cartified aligible concerns with a first preference which are also small business concerns; (2) other certified-eligible concerns with a first pref erence; (3) certified-eligible concerns with a second preference ) which are also small business conecess; (4) other certified-eligible concerns with a second preference; (5) persigtent or substantial labor surplus area concerns which I i i I I i I t 2

are also suan business concerns; (6) other persistant or substantial labor surplus e area concerns; and (7) saan business concerns which are not labor surplus aram concerns.

25. AUDIT AED RECORDS (1-3.814-2(a)) (9-7.5006.1)

(a) General. Toe Contracting Officar or his representativas shan have the audit and inspection rights described in the applicabla paragraphs (b), (c) and (d) below. (b) Ermeinstion of costs. If this is a negotiated fixed-price type, cost-reimbursement type, incentive, time and natarials, labor hour, or price radatar-minable contract, or any combination thereof, the Contractor shan maintain, and the Contracting Of ficar or his representativas shan have the right to====4ne books, records, documents, and othat evidence and accounting proceduras and practicas, suf ficient to reflect properly all direct and indirect costs of whatever nature i claimed to have been incurred and anticipated to be incurred for the parformance of this contract. Such right of ar*=4 nation shan include inspection at au reasonable times of the Contractor's plants, or such parts thereof, as any be engaged in the performance of this contract. (c) Cost or pricing data. If the Contractor submitted cost or pricing data in connection with the pricing of this contract or any change or modification therato, unless such pricing was based on adequate prica competition, established catalog or market prices of commercial items sold in substantial quantities to the ganaral public, or pricas set by law or regulation, the Contracting Officer or his rep-rasentativas who are employaas of the United States Government shan have the right to===rrine all books, records, documents and other data of the Contractor related to the negotiation, pricing or performance of such contract, change or modification, for the purpose of evaluating the accuracy, completansas and currency of the cost or pricing data submitted. Additionany, in the case of pricing any change or modification exceeding $100,000 to formany advartised contracts, the Comptroner General of the United States or his representatives who are employees of the United States Government shan have such rights. The right of====4 nation shan extend to an documents necessary to permit adequate evaluation of the cost or pricing data submitted, along with the computations and projections used tharsin. (d) Availability. The materials described in (b) and (c) above, shan be made available at the of fice of the Contractor, at au reasonable times, for inspe tion, audit or reproduction, until the expiration of 3 years from the date of f'.nal payment under this contract or such lassar time specified in Part 1-20 of f.he. Federal Procurement Regulations (41 CFR Part 1-20) and for such longer ( period, if any, as is required by applicable statute, or by other clausas of this contract, or by (1) and (2) below: (1) If this contract is completely or partiany terminated, the records I relating to the work terminated shan be made available for a period of 3 years from the date of any resulting final settlement. G 6s 0 4 9 9 e a e

(2) Recorda which relate to appeals under the " Disputes" clause of this contract, or litigation or the settlement of claims arising out of the performance of this contract, shall be made available until such appeals, litigation, or claims have been disposed of. (e) The Contractor sha n insert a clause containing all the provisions of this clause, including this paragraph (a), in all subcontracts hereunder except altered as necassary for proper identification of.-the contracting parties and the Contracting Officer under the dovernment prime contract. (f) Reports. The Contractor shall furnish such progress reports and schedules, financial and cost reports and other reports concerning the work under this contract as the contracring officar may from time to time requirs.

26. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (1-3.814-1(a))

If any price, including profit or fee, negotiated in connection with this contract or any cost reimbursable under' this contract was increased by any signi-ficant sums becausa: (a) The Contractor furnished cost or pricing data which was not accurate, complete and current as certified in the Contractor's Certificate of Current Cost or Pricing Data; (b) A subcontractor, pursuant to the clause of this contract entitled " Subcontractor Cost or Pricing Data" or " Subcontractor Cost or Pricing Da:'a-Price Adjustments" or any subcontract clause therein required, furnished cost or pricing data which was not accurate, soaplate and current as certified in the subcontractor's Certificate of Current Cost or Pricing Data; (c) A, subcontractor or prospective subcentractor furnished cost or pricing data which was required to be accurate, complete and current and to be submitted to support a subcontract cost astimate furnished by the Contractor but which was not accurate, complete and current as of the data certified in the Contractor's Certificate of Current Cost or Pricing Data; or (d) The Contractor or a subcontractor or prospective subcontractor furnished any data, not within (a), (b) or (c) above, which was. net accurate as submitted; the price or cost shan be reduced accordingly and the contract shan be modified in writing as may be necessary to reflect such reduction. However, any reduction in the contract price due to defective subcontract data of a prospective subcon-tractor when the subcontract was not subsequently awarded to such subcontractor, viu be limited to the amount (plus applicable overhead and profit markup) by which the actual subcontract, or actual cost to the Contractor i.f there was no subcontract, was less than the prospectitre subcontract cost estimate submitted by the Contractor: Provided The actual subcont.ract price was not affected by def ective cost or

Lricing data.

,,r,._,... .,,,,,,c..,ayn., y. w-- -1rq9.-.,.a W g-w y

(Note: Since the contract is subject to reduction under this clause by reason of def ective cost or pricing data subnitted tin connection with certain subcontracts, it is expected that the Contractor may wish to include a clause in each such subcontract requiring the subcontractor to appropriately ind*=4 fy the Contractor. It is also expected that any subcontractor rubject to such indemnification vill generally require substantially sin.ilar indemi.fication for defective. cost or pricing data re. quired to be submitted by his lov tier subcontractors.) PL1CE REDUCTION FOR DEFTCTIVE COST OR PRICING LCA - PEICE ADJUSDETIS p, (1-3. B14-1(b)) (a) This clause shall become operative only with respect to any modification of this contract which involves aggregate increases and/or decreases in costs plus applicable profits in excess of $100,000 unless the modification is priced on the basis cf adequate price competition, establishad catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation. The right to price reduction under this clause is limited to def ects in data relating to such modification. (b) If any price, including profit, or fee, negotiated in connection with any price adjustment under this contract was increased by any significant sums because: (1) The Contractor furnished cost or pricing data which was not accurate, complete and current as certified in the Contractot's Certificate of Current Cost or Pricing Data; (2) A subcontractor, pursuant to the clause of this contract entitled " Subcontractor Cost or Pricing Data" or " Subcontractor Cost or Pricing Data-Price Adjustments or any subcontract clause therein required, furnished cost or pricing data which was not eccurate, complete and current as certified in the subcontractor's Certa icate of Current Cost or Pricing Data; (3) A subcontractor or prospective cubcontractor furnished cost or pricing data which was required to be accurate, complete and current and to be submitted to support a subcont'.act cost estimate furnished by the Contractor but which was not accurate, complete and current as of the date. certified in the Con-tractor's Certificate of Current Cost or Pricing Data; or (4) The Contractor or a subcontractor or prospective subcontrator furnished any data, not within (1), (2) or (3) above, which was not accurate, as submitted; the price shall be reduced accordingly and the contract shall be modified in writing as may be necessary to reflect such reduction. However, any reduction in the contract price due to defective subcontract data of a prospective subcon-tractor, when the subcontract was not subsequently awarded to such subcontractor,

• vill be limited to the amount-(plus applicable overhead and profit markup) by I

1

which the actual subcontract, or actual cost to the Contractor if there was no subcontract, was less than the propsective subcontract cost estimate submitted by the Contractor: Provided the actual subcontract price was not affected by defective cost or pricing data. (Note: Since the contract is subject to reduction under this clause by reason of defective cost or pricing data submitted in connection with certain subcontracts, it is expected that the Contractor any wish to include a clause in each such subcontract requiring the subcontractor to appropriately inden4 fy the Contractor. It is also expected that any subcontractor subject to such indemnifi-cation vin generany require substantiauy similar indemnification for def active cost or pricing data required to be submitted by his lower tier subcontractors.) (c) Failure to agree on a reduction shall be a dispute concerning a quest 1on of fact within the meaning of the " Disputes" clause of this contract. 28. SUBCONTRACTOR COST AND PRICING DAT.A (1-3.814-3(a)) (a) The Contractor shan require subcontractors hereunder to submit, actuauy or by specific identification in writing, cost or pricing data under the following circumstances: (1) Prior to the award of any subcontract the amount of which is expected to exceed $100,000 when entered into; (2) Prior to the pricing of any subcontract modification which involves aggregate increases and/or decreases in costs plus applicable profits expected to exceed $100,000; except where the price is based on adequate price competition, established catalog or market prices of cosnercial items sold in substantial quantities to the general public, or prices set by law or regulation. (b) The Contractor shall require subcontractors to certify, in substantially the same form as that used in the certificate by the Prime Contractor to the Gov >trument, that to the best of their knowledge and belief, the cost and pricing dau submitted under (a) above is accurate, complete, and current as of the date of agreement on the. negotiated price of the subcontract or subcontract change or accification. (c) The Contractor shan insert the substance of this clause including this paragraph (c) in each. subcontract hereunder which exceeds $100,000 when entered into except where the price thereof is based on adequate price competition, established cc alog or market prices of commercial items sold in substantial quantities t9 the general public, or prices set by law or regulation. In each such expected subcontract hereuncer in excess of $100,000, the Contractor shall insert the substance of the following clause: O { -m+ v "-p- ' 4

l. SUIC0130?OR COST DE PRICINO DATA-PFlCE ADJUSIMEh~rS (a) Paragraphs (b) and (c) of this clause shan become operative only with respec t to any modification made pursuant to one or more provisions of this contract which involves aggregrate increases and/or decreases in costs plus applicable profits expected to exceed $100,000. The requirements of this clause shan be. limited to such contract modif1 cations, (b) The Contractor shan require subcontractors hereunder to submit, actuany or by specific identification in writing, cost or pricing data under the fe Howing circumscances (1) Prior to award of any subcontract, the amount of which is expected to exceed $100,000 when entered into; (2) Prior to the pricing of any subcontract modification which involves aggregate increases and/or decreases in costs plus appl' cable profits expected to i exceed $100,000; except where the price is bastd on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation. (c) The Contractor shan require subcontractors to certify, in substantially the same f orm as that used in the certificate by the Prime Contractor to the Government, that to the best of their knowledge and belief the cost and pricing data submitted under (b) above is accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract change or modification. (d) The Contractor shan insert tiie substance of this clause including this paragraph (d) in each subcontract hereunder which exceeds $100,000 when entered into. 29. UTILIZATION OF HINDEITY BUSINESS Eh"IEEPPISES (1-1.1310-2(a)) (Applicable to contracts exceeding $10,000) (a) It is the policy of the Government that minority business enterprises shan have the maximum practicable opportunity to participate in the performance of Government contracts. (b) The contractor agrees to use his best efforts to carry out this policy in the award of his subcontrait s to the funest extent consistent with the ef ficient performance of this contract. As used in this contract, the term " minority business enterprise" means a business, at least 50 percent of which is owned by minority group members or, in case of publicly owned businesses, at least 51 percent of the stock of which is owned by minority group members. For the purposes Df this definition, minority group members are Negroes, Spanish-speaking American 1

_. - ~._ -= . persons, American Orientals, American Indians, American Eskimos, and American Aleuts. Contractors may rely on written representations by subcontractors regard-ing their status as minority business enterprises in lieu of an independent investigation. (c) The Contractor agrees to submit to the Contracting Officer in response to a Request for Proposal, Invitation for Bid, or Solicitation; the representation contained in FPR 1-1.1303. (d) Th's Contractor further agrees to report all Minority Business Enterprise l subcontract awards to the Contracting Officer using Optional Form 61 (see FPR 1-16.902-0761). The Contractor may modify the Optional Form 61 to delete reference to "Small Business" for the purpose of this report. Optional Form 61 may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. 30. LISTING OF EMPLOYMENT OPENINGS (TPR Temp. Reg. 39) (Applicable To Contracts Involving $10,000 or More) DISA2 LED VETERANS AND VITERANS OF THE VIETNAM ERA (a) The contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to taka affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their dis-ability or veterans status in all employment practices such as the following: employment upgrading, c'. emotion or transfer, recruitment, advertis1ng, layoff or termination, rates cf pay or other forms of compensation, and selection for training, including apprenticeship. (b) The contractor agrees that all suitable employment openings of the contractor which exist at the cima of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein l the opening occurs. The contractor further agrees to provide such reports to l I such local office regarding employment openings and hires as may be required. Staca and local government agencias holding Federal contracts of $10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service, but; are not required to provide those reports set forth in paragraphs (d) and (e). (c) Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source of effort and shall involve the-normal obligations h

- 1.4 - 1 which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. The listing of emplodu nt openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended. to relieve the contractor f ros any requirements in Executive orders or regulations regarding nondiscrimination in employment. (d) The reports required by paragraph (b) of this clause shall include, but not be limited to, periodic reports which shan be filed at least quarterly with the appropriate local office or, where the contractor has more than one hiring location in a State, with the central office of that State employment service. Such reports shan indicate fo: each hiring location (1) the number of individuals hired during the reporting period, (2) the number of nondisabled veterans of the Vietnam ers hired, (3) the number of disabled veterans of the l Vietnac era hired, and (4) the total number of disabled veterans hired. The l reports r.hould include covered veterans hired for on-the-job training under l 3B U.S.C. 1787. The contractor shan submit a report within 30 dyas af ter the end of each reporting period wherein any performance is made on this contract ider "fying data for each hiring location. The contractor shan maintain at each niring location copies of the reports submitted until the expiration of one year af ter final payment under the contract, during which time these { reports and related documentation shan be made available, upon request, for examination by any authorized repramentatives of the contracting officer or of the Secretary of Labor. Documentation would include personnel records respecting job openings, recruitment, and placement. (e) Whenever the contractor becomes contractuany bound to the listing pro-visions of this clause, it shan advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. As long as the contractor is contractuany bound to these provisions and has so advised the State system, there is no need to advise the State syster of subsequcnt contracts. The contractor may advise the State i system when it is no longer bound by this contract clause. (f) This clause does not apply to the Msting of employment openings which occur and are filled outside the 50 States. :he District of Columbia, Puerto Rico, Guam, and the Virgin Islands. (g) The provisions of paragraphs (b), ',), (d), and (e) of this clause do not apply to openings which the contractor reposes to fill from within his own organization or to fill pursuant to a cutomary and traditional employer-union hiring arrangement.. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that' opening. (h) As used in this clause: (1) "An mitable employment openings" includes, but is not limited to, openings which occur in the following job categories: production and non-production; plant and office; laborers and j mechanics; aupervisory and nonsupervisory; technical; and executive, adminis-J trative, anc professional openings that are compensated on a salary basis of less than $2b,000 per year. This term includes fun-time employment, temporary employment of more t.han 3 days' duration, and part-time employment. It does 1 l 1 I, i

... ~. ' not include openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement nor openings in an educational institution which are restricted to students of that institution. Under the most compelling circum-stances an employment opening may not be suitable for listing, including such situations where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to national security, or where the requirement of listing would otherwise not be for the best interest of the Government. (2) " Appropriate office of the State employment service system" neans the local office of the Federal / State national system of publi.: employment offices with assigned responsibility for serving the area where the employment opening is to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands. (3) " Openings which the contractor proposes to fill from within his own organization" means employment openings for which ne .o' dderatien will be given to persons outside the contractor's own organizt 'e

• luding any affiliates, subsidiaries, and parent companies), and openings which e

the contractor proposes to fin from regularly es*abl 1" lis ts. (4) " Openings which the contractor propose iuant to a customary and traditional empicyer-union hiring strang. employment openings which the contractor proposes to fin from un-shich is part i of the customary and traditional h! h s relationship wh2 es, between the contractor and representatives of employees. (1) The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (j) In the event of the contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of.the Secretary of Labor issued pursuant to the Act. (k) The contractor agrees to post in conspicuous places available to espicyees and applicants f or employment notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notice shan state the contracter's obligation under the law to taka affirmative action to employ and advance in employment qualified disabled veterane and veterans of the Vietnam era for employment, and the rights of applicants and employees. (1) The contractor will notify each labor union or representative of workers with which it has a conective bargaining agreement or other contract understanding that the contractor is bound by terms of the Vietnam Era Veteran's Readjustment Assistance Act and is committed to take affirmative cetion to employ and advance in ernicyment qualified disabled veterans and veterans of the Vietnam era. (m) The contractor wi; tnclude the provisions of this clause in every sub-centract or purchase order ; 310,000 or more unless exempted by rules, regulations, or orders of the Secretary taoued pursuant to the Act, so that such prmrisions win be binding upon each subcontractor or vendor. The contractor vill take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such pro-visions', including action for noncompliance.

_ 31. PAYR 2!C OT IN~I?IST OF C01' RACTOR'S CLA3iS (1-1.312) (a) If at appeal is filed by the contractor fro: a final decision of the Contracting Officer under the Disputes clause of this contract, denying a clait arising under the contract, simple interest on the amount of the clain finally determined owed by the Government shall be payable to the Contractor. Such interest shall be at the rate deterstined by the Secretary of the Treasury pursuant to Public Law 92-41, 85 Stat. 97, from the date the contractor furnishes to the Contracting Officer his written appeal under the Disputes clause of this contract, to the date of (1) a final judgment by a court of competent jurisdiction, or (2) mailing to the contractor of a supplemental agreement for execution either confirr.ing completed negotiations between the parties or carrying out a decision of a board of contract appeals. (b) Notwithstanding (a), above, (1) interest shall be applied only froc the date payment was due, if such date is later than the filing of appeal, and (2) interest shall not be paid for any period of time that the Contracting Officer deterr.ines the contracter has unduly delayed in pursuing his remedies before a board of contract appeals or a court of competent jurisdiction. 32. IMPLOYF2!C OF THE EANDICA?PD (FPR Temp. Reg. 36) (a) The contractor vill not discriminate sgainst any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrkharion based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layo#f or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Rehabilitation Act of 1973, as amended. (c) In the event of the Contractor's noncompliance with the re-quirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act. (d) The Contractor agrees to post in conspicuous places, available to employees and applicants for en:ployment, notices in a form to be prescribed by the Director, Office of Federal Contract Compliance Programs, Depart'nent of Labor, provided by or through the Contracting Officer. Such notices shall state the centractor's obligation under the law to take af firmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. (e) The Contractor vill notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding that the contractor is bound by the terms of section 9 I 9

l , 503 of the Act, and is commitced to ca.'a affirmative sction to employ and ) advance in employment physically and mentan y handicapped individuals. (f) The Contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to l section 503 of the Act, so that such provisions will be binding upon each j subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Plograms may direct to. enforce such provisions, including action for noncompliance. t 33. CLEAN AM AND WATER (1-1.2302) (Applicable only if the contract exceeds $100,000, or the Contracting Of ficer has determined that orders under an indefinite quantity contract in any one year v111 exceed $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1957c-8(c) (1)) or the Federal ~4ater Pouution control Act (33 U.S.C 1319(c)) and is listed by IPA, or clie contract is not otherwise exempt.) (a) The Contractor agrees as follows: (1) To comply with all the requirements of section u4 of the Claan Air Act, as amended (42 U.S.C.1857, et seq., as -,ded by Pub. L. 91-604) and section 308 of the Federal Water Pollution Centrol Act (33 U.S.C.1251 et seq., as amended by Pub. L. 95-500), respectively, relating to inspection, monitoring, entry, reports, and information, as wen as ) other requirements specified in section U4 and. section 308 of the Air j Act and the Water Act, respectively, and all regulations and guidelines j issued thereunder before the award of the contract. (2) That no portion of the work required by this prime contract win be performed in a facility listed on the Environmental Protection Agency 3 List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing. .I (3) To use his best efforts to comply with clean air standards and clean water standards at the facility in which the centract is being performed. (4) To insert the substance of the provisions of this clause into any nonexampt subcontract, including this paragraph (a)(4). (b) The terms used in this clause have the fonowing meanings: O lt i l

(1) The tere " Air-Act" means the Claan Air Act, as anended (42 U.S.C. 1857 et. seq., as amended by Pub. L. 91-604). (2) The tern " Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C.1251 et. seq., as amended by Pub. L. 92-500). (3) The term " clean air standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or hecutive Order 11738, an applicable implementation plan as described in section n0(d) of the Clean Air Act (42 U.S.C.1857c-5(d)), an approved implementation procedure or plan under section in(c) or section H1(d), respectively, of the Air Act (42 U.S.C. 1857(c) or (d)), or an approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 1857c-7(d)). (4') The tere " clean water standards" means any enforceable limitation, control, conditier., prohibition, standard, or other require-ment which is promulgated pursuant to the Water Act or contai.ned in a percit issued to a discharger by the hvironmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 C.S.C.1342), or by local government to ensure compliance with pretreatment regulations as required by section 307 of the Water Act (33 U.S.C.1317). (5) The term " compliance" means compliance with clean air or water standards., Compliance shan also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency er an air or water ponution control agency in accordance with the requirements of the Air Act or Water Act and regulations issued pursuant thereto. (6) The term "f acility" means any building, plant, installa-tion, structure, cine, vesse.1 or other floating craf t, location, or site of operattens, owned, leased, or supervised by a contractor or subcontrac-tor, to be utiliced in the perf ormance of a contract or subcontract. Vnere a location or site of operations contains or 1ncludes more than one bunding, plant, installation, or structure, the entire location or site shan be deemed to be a f acility except where the Director, Office of Tederal Activities, Environmental Protection Agency, detetT.ines that inde-pendent f acilities are conocated in one geographical area. 34. NEGOTIATED OVEF3EAD RATES (1-3.704-1) (a) Notwithstanding the provisions of the clause of this contract entitled " Allowable Cost, Fixed Fee, and Payment," the allevable indirect , costs under this contract shay be obtained by applying negotiated overhead rates to bases agreed upon by the parties, as specified below. g e

, (b) The Contractor, as soon as possible but not later than ninety (90) days af tar the expiration of his fiscal year, or such other period as may be specified in the contract, shan submit to the Contracting Officer, with a copy to the cognizant audit activity, a proposed final overhead rate or rates for that period based on the Contractor's actual cost experience during that period, together with supporting cost data. Negotiation of overhead rate-by the Contractor and the Contracting Officar shan be undertak.an as promptly as practicable af ter receipt of the Contractor's proposal. (c) A11ovab111ty of costs ahd acceptability of cost anocation methods shan be determined in accordance with contract Appendix A Cost Principles and Procedures as in aff act on the date of this contract. (d) The results of each negotiation shall be set forth in a modifica-tion to this contract, which shall specify (1) the agreed final rates, (2) the bases to which the rates apply, and (3) the periods for which the ratas apply. (e) Pending establishment of final overhead rates for any period, the Contractor shall be retimbursed either at negotiated provisional ratas as provided in the contract, or at billing rates acceptable to the Con-tracting Officer, subject to appropriate adjustment when the final rates for that period are established. To prevent substantial over or under payment, and to apply either retroactively'or prospectively: (1) Pro-visional rates may, at the request of either party, be revised by mutual agreement, and (2) bining rates may be adjusted at any time by the Contracting Officar. Any such revision of negotiated provisional rates provided in the contract shall be set forth in a modification to this Contract. (f) Any failure by the parties to agree on any final ratas under this clause shan be considered a dispute concerning a quantion of fact f or decision by the Contracting Officer within the==W of the " Disputes" clause of this contract. NOTICE TO THE GCVER 00llNT OF IABOR DIS 7UTES (1-7.203-3) 35. (a) L'henever the Contractor has knowledge that any actual or poten-tial labor dispute is delaying or threacans to delay the timely perfor-mance of this contract, the Contractor shan immediately give notice thereof, including au relevant information with respect thereto, to the Contracting Officar. (b) The Contractor agrees to insert the substance of this clause, including this paragraph (b), in any subcontract hereunder as to which a labor dispute may delay the timely performance of this contract; except that nach such subcontract shall provide that in the event its timely 6 --e,

performance is delayed or threatened by delay by an actual or potential labor dispute, the subcontractor shan immediately notify his next higher tier subcontractor, or the Prime Contractor, as the case may be, of au relevant information with respe=t to such disputes. 36. P2QUIPID SOURE OT JDL BPJJ2N:: -(1-1.319) (a) For the purpose of this clause: (1) " Jewel bearing" means a piece of synthetic sapphire or ruby of any shape, except a phonograph needle, which has one or more polished surf aces and which is suitable for use in an instrument, mecha-nisn, subassembly, or part without any additional processing. A jewel i bearing may be either unmounted or mounted into a ring or bushing. Isamples of jewel bearings are: Eatch holes--clive, vacch holes-straight, pallet stones, roller jewels (jewel pins), and stones (caps), vee (cone) j ewels, instrument rings, cups, double cups, and orifice jewels. As used herein, the term " jewel bearings" includes "related itans." (2) "Related items" means other synthetic sapphire or ruby components. Examples of related items are pivots, knife edges, insula-tors, spacers, vindows, and striking surfaces other than pallet stones. (3) Price list" means the official U.S. Government Jewel Learing Price List for jewel bearings produced by the Vf114== Langer Jewel Learing Plant. "'his list is Lasued periodicany by the General Services Administration. (4) " Plant" means the Government-owned W4114 me langer Jewel Learing Plant, Rolla, N. Dah. (5) " Military Standard Jewel LeAring" means a jewel bearint; conforming to Military Specification No. MIL-5-27497 (latest revision) entitled " Bearings, Jewel, Sapphire or Ruby, Sypthetic." i (b) Jewel bearings required in the performance of this contract shall be procured from the Plant at pricas established in the price list dated (date to be filled in by Contracting Officer). Each purchase order issued to the Plant under this contract shan include the prime contract number and date of the price list cited above. The Contractor ar, Tees that the quantities, types, and sices (including tolerances).of jewel bearings so ordered will be those required for the performance of this contract. Within 90 calendar days af ter the ef fective date of this contract the Contractor shan furnish to the Contracting Officer a cer-tification that the required jewel baarings were ordered pursuant to this clause. The Contractor agrees to notify the Contracting Officer promptly sf the rejection of his (or any subcontractor's purchase order in whole i l 3 4 8

or in part by the Plant. The requirement for purchase and use of jewel bearings from the Plant win be waived to the extent of orders rejected because of the Plant's inability to deliver. If such a vaiver is granted, an equitable adjustment shall be made in the contract price or delivery schedule, or both, in accordance with the " Changes" clause of this con-tract. Further, the requirement for use (but not the requirement for purchase from the Plant) of jewel bearings may be waived by the Contract-ing Officer when such waiver is determined by him to be consistent with established policy. (c) The Contractor agrees to use to Langer-made jewel bearings in the production of subassemblies or and items under this contract or in his commercial production. (d) Whenever it is necessary for the Contractor or any subcontractor to redesign or reengineer jeweled items in order to satisfy specif 9. performance requirements, the Contractor or subcontractor shan provide in such redesign for the use of military standard jewel bearings. This requirement does not apply when the dimensional tolerances or configura-tions of military standard jewel bearings are such that their use in the product would prevent attainment of the required level of performance specified for the item. However, when one or more nonstandard bearings must be used to satisfy performance requirements of the jeweled item but military standard jewel bearings win function satisfactorily for other { applications within the same item, the item will be required to be rede-signed to provide for the use of military standard jewel bearings in such "other" applications. The Contractor or subcontractor is not.aquired to redesign a jeweled item solely for the purpose of converting from the use of nonstandard to military standard jewel bearings. Nothing in this contract shan prevent any Contractor or subcontractor from voluntarily redesigning a jeweled item soley to accomanodate the use of military standard jewel bearings.' (e) If at the end of this contract period, the total quantity of and items actually ordered under this contract is less than the total estimated quantity, and the Contractor, pursuant to parsgraph (b) of this clause, has purchased a larger quantity of Langer-made jewel bearings than used in deliveries made under this contract, an equitable adjustment shan be made (if requested by the Contractor within 90 days af ter the and of the contract period) to reimburse the Contractor for 'any additional costs resulting irom such excess purchase but in no event shall such additional i costs cover more jewel bearings than necessary to deliver the total estimated quantity of end items. Such excess jewel bearings shan be disposed of as directed by the Contracting Officer. However, such excess jewel bearings may be used in partial satisfaction of the requirements to purchase Langer-made jewel bearings pursuant to parsgraph (b) of this . clause where a subsequent contract ito furnish similar and items to the 1

.== Covernment is entered into with the same Contractor. In this situation the requirement to purchase and use jewel bearings from the Plant will be vsived up to the amount of such excess jewal bearings in Contractor's possession upon submission of a written request by the Contractor. Such request shall contric documented evidence in support of the waiver of purchase and nonuse of such excass javel bearings. If such waiver is granted, an equitable adjustment to the extent of diffarences in price lists shall be made in the congract price in accordance with the " Changes" clause of this contract. (f) The Contractor agrees to retain for 3 years from the date of fina.1 payment under this contract and upoc request of the Contracting Officer to make available during that period records showing compliance with this clausa. (g) ine Contractor agrees to insert this clause, including this paragraph (g), in every subcontract and purchase order issued in perfor-mance of this contract ynless he knows that the subassembly, cos:ponent, c. ) part being purchased does not contain jewel baarings. 37. COST ACCOUh7IN:; STANDARDS (1-3.1204) (COhTRACTS IICIEDINO $100,000) (a) Unless the Cost Accounting Standards Board, or the General Services Adnitistration in the case of ncndefense contracts, has presc7;ibed rules or regulations exempting the Contractor or this contract from standards, rules s and regulations promulgated pursuant to SD U.S.C. App. 2168 (P.L. 91-379 August 15, 1970), or other statutory authority, the Contractor, in connection with this contract shall: (1) By submission of a Disclosure Statement, disclose in writ-ting his cost accounting practices as required by regulations of the Cost Accounting Standards Board. The required disclosures must be made prior i ) to contract award unless the Contracting Officer provides a written notice to the Contractor authorizing postaward submission in accordance with regulations of the Cost Accounting Standards Board. The practicas disclosed f or this contract shall be the same as the practices currently disclosed and applied on all other contracts and subcontracts being per-formed by the Contractor and which contain this Cost Accounting Standards clause. If the Contractor has notified the Contracting Officer, that the Disclosure Statement contains trade secrets and commercial or financial information which is privileged and confidential, the Disclosure State-ment vill not be ralsased outside of the Govar-t. (2) Follow consistently the cost accounting practices dis-closed pursuant to (1), above, in secumulating and reporting contract perf ormance cost data concerning this contract. If any change in dis-closed practices is made for purposes of any contract or subcontract S s

~. subject to Cost Accounting Standards Board requirements, the change must be applied prospectively to this contract, and the Disclosure Statement must be amended accordingly. If the contract price or cost allowance of this contract is affected by such changes, adjustment shall be made in accordance with subparagraph (a)(4) or (a)(5), below, as appropriata. (3) Comply with au Cost Accounting Standards in ef f ect on the date of award of this contract or if the Contractor has submitted cost or pricing data, on the date of f.inal agreement on price as shown on the Contractor's signed certificate of current cost or pricing data. The Contractor shall also comply with any Cost Accounting Standard which hereafcar becomes applicable to a contract or subcontract of the Con-tractor. Such comp 14 - = shan be required prospectively from the data of applicability to such contract or subcontract. (4) (A) Agree to an equitable adjustment (as provided in the Changes clause of this contract, if sny) if the contract cost is affected by a change which, pursuant to (3) above, the Contractor is required to maks to his established cost accounting practicas whether such practicas are covered by a Disclosure Statement or not. (B) Negotiate with the Contracting Officer to determine the tarms and conditions under which a change to aither a disclosed cost accounting practice, other than a change under (4)(A), above, may be made. A change to a practice may be proposed by either the Government or the Contractor, providad, however, that no agreement may be made under this provison that will incrasse costs paid by the United Stataa. (5) Agree to an adjustment of the contract prica or cost allowance, as appropriate, if he or a subcontractor fails to comply with an applicable Cost Accounting Standard or to fo n ow any practice disclosed pursuant to subparagraphs (a)(1) and (a)(2), above, and such f ailure results in any increased costs paid by the United States. Such adjusta ment shan provide for recovery of the increased costs to the United States together with intarast thereon computed at the rate detarained by I the Secretary of the Treasury pursuant to P.L. 92-41, 85 S ta t. 97, or 7 percent per annum, whichever is less, from the time the payment by the 1 United Sates was made to the time the adjustaant is eff ected. (b) If the parties fail to agree whether the Contractor or a sub-contractor has complied with an applicable Cost Accounting Standard, rula, or reguistion of the Cost Accounting Standards Board and as to any cost adjustment demanded by the United States, such failure to agree shall be a dispute concerning a question of f act within the meaning of the Disputes clause of this contract. a* q

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(c) The Contractor shall permit any authorized representatives of the head of the Commission, of the Cost Accounting Standards board, or of the Comptroner General of the United Statsa to==^e and make copies of any documents, papers, or records relating to compliance with the requirements of this clause. (d) The Contractor shan include in au negotiated subcontracts which he anters into the substpace of this clause except paragraph (b), and shall require such inclusion in an other subcontracts of any tier, except that this requirement shall apply only to negotiated subcontracts in excess of $100,000 where the price negotiated is not based on: (1) Established catalog or market prices of comunercial items sold in substantial quantities to the general public; or (2) Prices set by law or regulation, and except that the requirement shan not apply to negotiated subcontracts otherwise exempt froc the requirement to, accept the Cost Accounting Standards clause by reason of i 331.30(b) of Title 4, code of Federal Regulations (4 CTR 331.30(b)) or i 1-3.1203(a)(2) of Title 41, code of Tederal Regulations (41 CFR 1-3.1203(a)(2)). However, if this is a contract with an agency which permits sub-contracts to appeal final decisions of the Contracting Officer directly to the head of the agency or his duly authorised representative, then the Contractor shan include the substance of paragraph (b) as well. NOTE: (1) Subcontractors shall be required to submit their Dis-closure Statements to the Contractor. Bowever, if a subcontractor has previously submitted his Disclosure Statement to a Government Contracting Officer he may satisfy that requirement by certifying to the Contractor the date of such Statement and the address of the Contracting Officar. (2) In any case where a subcontractor determines that the Disclosure Statement information is privileged and confidential and declines to provide it to his Contractor or higher tier subcontractor, the Contractor may authorize direct submission of that subcontractor's Disclosure Statement to the same Government offices to which the Contractor was required to make submission of his Disclosure Statement. Such author-ization shan in no vsy relieve the Contractor of liability as provided in paragraph (a)(5) of this clause. In view of the foregoing and since the contract may be subject to adjustment under this clause by reason of any f ailure to comply with rules, regulations, and standards of the Cost Accounting Standards Board in connection with covered subcontracts, it is expected that the Coritractor may wish to include a clause in each such subcontract requiring the subcontractor to appropriataly idamnify the ,Co ntractor. However, the inclusion of such a clause and the terms thereof 9 e 9 4 4 8 e c,-

are matters for negotiation and agreement between the Contractor and the j subcontractor, provided that they do not conflict with the duties of the contractor under its contract with the Government. It is also expected i that any subcontractor subject to such idemnification will generany require substantiany simibr indenmdication to be submitted by his subcontractors. (e) The terms defined in Sec. 331.20 of Pa'rt 331 of Title 4, Code of Federal Regulations (4 CFR 331.20) sha n have the same meanings herein. As there defined, " negotiated subc'entract" manna "any subcontract except a firm fixad-price subcontract made by a Contractor or subcontractor af ter receiving i offers from at least two firms not associated with each other or such Contractor or subcontractor, providing (1) the solicitation to su competing firms is identical, (2) price is the only consideration _in selecting the subcontractor from among the competing firms solicited, and (3) the lowest offer received in compliance with the solicitation from among those solicited is accepted." 38. AnfINIST. RATION OF COST ACCOUNTDIG STANDARDS (1-3.1204-2) (When applicable) For the purpcse of admin'intering Cost Accounting Standards requirements under this contract the Contractor shall: (a) Submit to the cognitant contracting officer a description of the accounting change and the general dollar magnitude of the change to reflect the l sum of au increases and the sum of au decreases for au contracts containing the Cost Accounting Standards clause: (1) For any etiange in cost accounting practices required to comply with a new Cost Accounting Standard in accordance with paragraphs (a)(3) and (a)(4)(A) of the clause of this contract entitled " Cost Accounting Standards" within 60 days (or such other date as may be mutuany agreed to) af ter award of a contract requiring such change; (2) For any change to cost accounting pract1ces proposed in accordance with paragraph (a)(4)(3) of the clause of this contract entitled " Cost Accounting Standards" not less than 60 days (or such other date as may be mutuany agreed to) prior to the effective date of the proposed change; or (3) For any f ailure to comply with an applicable Cost Accounting Standard or to fonov a disclosed practice as contemplated by paragraph (a)(5) of the clause of this contract entitled " Cost Accounting Standards" within 60 days (or such other date as may be mutuany agreed to) af ter the date of agreement of such noncompliance by the Contractor. (b) Submit a cost impact proposal in the form and manner specified by the cognizant contracting officer within 60 days (or such other date as may be mutuany agreed to) af ter the date of determination of the adequacy and compliance of a change submitted pursuant.to (a)(1), (2) or (3) above. 1 ~ - - - - - - - -

e. .u-56 - 8 + (c) Agree to appropriate contract and subcontract amendments to reflect adjustments established in accordance with paragraphs (a)(4) and (a)(5) of the clause of this contract antitled " Cost Accounting Standards." (d) Include the substance of this clause in all negotiated subcontracts containing the clause entitled " Cost Accounting Standards." In addition, include a provision in these subcontracts which will require such subcontractors, within thirty (30) days af ter receipt of award, to sulanit the following information to the contracting officer cognisant of the subcontractor's facility: (1) Subcontractor's name and subcontract number; (2) Do u ar amount and date of award; (3) Name of Contractor making the award; and (4) A statement as to whether the subcontractor has made or proposes to make any changes to accounting practices that affect prime contracts or subcon-tracts con *=4n45 the Oost Accounting Standards clause, unless such cha"Fes have already been reported. If award of.the subcontract results in making a Cost ) Accounting Standard (s) affective for the first time this shan also be reported. (e) in the event an adjustment is required to be made to any subcontract hereunder, notify the cognizant contracting officer in writing of such adjustment and agree to an adjustment in the price or estimated cost and fee of this contract, as appropriate, based upon the adjustment established under subcontract. Such notice shan be given within 30 days af ter receipt of the proposed subcontract adjustment, and shan include a proposal for adjustment to such higher tier sub-contract or prime contract, as appropriate. (f) Vnen the Cost Accounting Standards clause and this. clause are included in subcontracts, the term " contracting officer" shan be suitably altere/ to identify the purchaser. 39, ' nonce REGARDINO LATE DILIVTEI (1-7 204-4) In the event the Contractor encounters difficulty in meeting the performance requirements, or anticipatas difficulty in complying with the contract delivery schedule or date, the Contractor shan immediately notify the Contracting Officer thereof in writing, giving pertinent details, including the date by which it expects to complete performance or make delivery: Providad, however, that this data shall be informational only in character and that receipt thereof sha n not be construed as a waiver by the Government of any contract delivery schedule or date, or any rights or remedias provided by inw or under this contract. 40. IIT PERSONNEL (1-7.304-6) The personnel specified in this contract are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified l l ) l

i . 3 l t individuals to other programs, the Contractor shan notify the Contracting Officer reasonaily in advance and shan submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shan be made by the Contractor without the vritten consent of the Contracting Officer: Provided, That the Contracting Officer may ratify in writing such diversion and such ratification shan constitute the consent of the Contracting Officer required by this clause. The attachment to this contract may be amended from time to time during the course of the contract to either add or delela personnel, as appropriata. 41/- EXCUSABLE DE1AYS (1-8.708) Except with respect to defaults of subcontractors, the contractor shan not be in def ault by7eason of any failure in performance of this contract in accordance with its terms (including any failure by the contractor to make progress in the prosecution of the work hereunder which endangers such performance) if such f ailure arises out of causes beyond the control and without the fault or negligence of the contractor. Such causes may include, but are not restricted to acts of God or of the public anemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrie-tions, strikes, freight embargoes, and unusuany severs weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the contractor. If the failure to perform is caused by the failure of the subcontractor to perform or maka progress, and if such failure i arises out of causes beyond the control of both the contractor and subcontractor, and without the fault or negligence of either of them, the contractor shan not be deemed to be in default, unless (a) the supplies or services to be furnished by the subcontractor were obtainable from other sources, (b) the Contracting Officer shan have ordered the contractor in writing to procure such supplies or services from such other sources, and (c) the contractor shan have failed to comply reasonably with such order. Upon request of the contractor, the Con-tracting Of ficer shall ascertain the facts and extent of such failure and, if he shan determine that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shan be revised accordingly, subject to the rights of the Government under the clause hereof entitled " Termination for Default or for Convenience of the Government." (As used in this clause, the terms " subcontractor" and " subcontractors"- means subcontractor (s) at any tier.) 42. STATI AND LOCAL TAZES (9-n.452) (a) The contractor agrees to notify the Commission of any state or local tax, f ee, or charge levied or purported to be levied on or collected from the contractor with respect to the contract work, any transaction thereunder, or property in the custody or control of the contractor and constituting an allowable item of cost if due and payable, but which the contractor has reason _to believe, or the Commission has advised the contractor, is or may be inapplicable or invalid; and the contractor further agrees to refrals from 1 v A w "w r- -vm,-r-=r--r-e- +<-y-g vnr ~p nn g-qs -s-=q ore-

- SS ~ paying any such tax, f ee, or charge u less authorized in writing by the Concission. Any state or local tax, fee, or charge ps.id with the approval of the Conn:ission or on the basis of advice from the Councission that such tax, fee, or ch rge is applicable and valid, and which would otherwise be an a.newable item of cost, shall not be disanoved as an item of cost by reason of a=y subsequent ruling or determination that such tax, fee, or charge was in fact inapplicable or invalid. e (b) The contractor agrees to take su.h action as may be required or approved by the Conc.ission to cause any state or local tax, fee, or charge which would be an anovable cost to be paid under protest; and to take such action as may be required or approved by the Connission to seek recovery of any payments made, including assignment to the Government or its designee of au rights to an abatement or refund thereof, and granting permission i for the Government to join with the contractor in any proceedings for the recovery thereof or to sue for recovery in the name of the contractor. If the Commission directs the contractor to institute litigation to enjoin the collection of or to recover payment of any such tax, fee, or charge referred to above, or if a claim or suit is filed against the contractor for a tax, fee, or charge it has refrained from paying in accordance with this article, the procedures and requirements of the article antitled " Litigation and Clains" shnu apply and the costs and expenses incurred by the contractor shs.u be allowable items of cost, as provided in this contract, together with the amount of any judgment rendered against the contractor. (c) The Government shan save the contracter harmleas from penalties and Luterest incurred through compliance with this article.. Au recoveries or credits in respect of the foregoi.ug taxes, fees, and charges (including interest) shan inure to be for the sole benefit of the Government. ) l

43. COPYRIGHT (9-9.5103(d))

] (a) The contractor (1) agrees that the Commission shan determine the disposition of the title to and the rights under any copyright secured by the contractor or its employees on copyrightable material first produced or composed under this contract and -(11) hereby grants to the Gover nnent a royalty-free, nonexclusive, irrevocable license to reproduce, translate, publish, use and dispose of, and to authorize others so to do, all copyrighted or copyrightable work not first produced or composed by the contractor in j the performance of this contract.but which is incorporated in the material furnished under the contract, provided that such license shan be only to the extent the contractor now has, or prior to the completion or final settlement of the contract may acquire the right to grant such license without becoming liable to pay con:pensation to others solely because of such grant. ~ e 6 0 e e 4 '7-

(b) The contractor agrees that it vill not include any copyrighted material in any written or copyrightable material furnished or delivered under this contract without a license as provided for in paragraph (a)(ii) hereof or without the consent of the copyright owner, unless specific written approval of the Contracting Officer for the inclusion of such copyrighted material is secur.ed. (c) The contractor agreeg to report in writing to the Commission, promptly and in reasonable detail, any notice or claim or copyright infringement recalved by the contractor with respect to any material delivered under this contract. 44,. PATINT INDEMNITT (9-9.5009(c)) The contractor agrees to indemnify the Government, its officers agents, servants and esployees against liability of any kind (including costs and expenses incurred) for the use of any invention or discovery and for the infringement or any 14tters Patent (not including liability, arising pursuant Patent) occurring in th{,performanca of this contract or arising by reason of to Section 183, Title 3,(1952) U.S. Code, prior to the issuance of Letters e the use of disposal by or for the account of the Government of items manu-f actured or supplied under this contract. 45. COPTRIGHT INDEMNITICATION OF GOVERNMEET (9-9.5104) Exept as otherwise provided, the contractor agrees to indemnify the Government, its officers, agents, servants, and employees against liability, including costs and expenses, for the infringement of any copyright in any work protected under the copyright laws of the United States arising out of the performance of this contract, including the reproduction, translation, publication or use of any such copyright asterial. 46. LITIGATION AND CLAIMS (9-7.5006-50) (a) Initiation of litigation. The contractor any, with the prior written authorization of the Contracting Officer, and shall, upon the request of the Commission initiate litigation against third parties, including proceedings before administrative agencies, in connection with this contract. The con-tractor shall proceed with such litigation is good faith and as directed from time to time by the Contracting Officer. J l (b) Defense and settlement of claims. The contractor shall give the Contracting Of ficer immediate notice in writing (1) of any action, including any proceeding before an administrative agency, filed against the contractor arising out of the performance of this contract, and (2) of any claim against the contractor, the cost and expense of which is allowable under the clause entitled "A11ovable Costs." Except as otherwise directed by the Contracting Officer, in writing, the contractor shall furnish immediately to the Contracting 1 e 4 w ~ s v. s-m+-- +1--,y

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l 1 i e Officer copies of au pertinent papers received by the contractor with respect to such action or clatz. To the extant not in conflict with any appli. cable policy of insurance, the contractor may with the Contracting Offir.ar's approval settle any such action or claim, shan effect at the Contracting Officer's request an assignment and subrogation in favor of the Goverzament of an the contractor's rights and claims (except those agaiast the Government) arising out of any such action or claim against the contractor, and, if required by the Conrracting Officer, shan authorize representatives of the Government to settle or defend any such action or elm 4= and to represent the contractor in, or to take charge of, any action. If the settlement a, defense of an action or clain against the contractor is underrmkn by the Government, the contractor shan furnish au reasonable assistance in effecting a settlement or asserting a def ense. Wnere an action against the contractor is not covered by a policy of insurance, the contractor shall, with the approval of the Contracting Officer, proceed with the defense of the action in good faith; and in suth event the def ense of the action shall be at the expense of the Government: Provided, however, That the Government shall not be liable for such expense to the extent that it vould have been compensated for by insurance which was required by law or by the written direction of the Contracting officer, but which the contractor f ailed to secure through its own fault or negligenca.

47. REKEGOTIA".' ION (9-7.5004-20)

If this contract is subject to the Ranagotiation Act of 1951, as==ded, the fonoving provisions shan apply: (a) This contract is subject to the Renegotiation Act of 1951 30 U.S.C. App. 12n, e t. seq.), as amended, and to any subsequent act of Congress providing ior the renegotiation of contracts. Nothing contained in this clause shau impose any renegotiation obligation with respect to this contract or any subcontract bareunder which is not imposed by an act of Congress beretoMe or hereaf ter enacted. Subject to the foregoing, this contract shan be de__ ad to contain au the provisions required by section 104 of the Renegotiation Act of 1951, and by any such other act, without subsequent contract amendment specifi-cally incorporating such provisions. (b) The contractor agrees to insert the provisions of this clause, in-cluding this pa.ragraph (b), in an subcontracts, as that term is defined in section 103 g. of the Renegotiation Act of 1951, as amended.

48. PDLv.ITS (9-7.500f-4%

Except as otherwise directed by the Contracting Officer, the contractor shan procure au necessary permits or licenses and abide by all applicable laws, regulations, and ordinances of the United States and of the State, terri-tory, and political subdivision in which the work under this contract is .perf ormed. 4 0 4 w m-

. 49. CONSULTANT OR COMPARART.R EMPLOYMENT SERVICES OF CONTRACTOR EMPLOYEES i (9-7.5006-45(a)) The contractor shan require all employees who are employed fun-time (an individual who performs work under the cost-type contract on a fun-time annual basis) or part-time (50 percent or more of regular annual compensation received under terms of a contract with the Commission) on the contract work to disclose to the contractor au consultant or other comparable employment services which the employees proposed to undertake for others. The contractor chan transmit to the Contracting Officer all information obtained from such disclosures. The contractor will require any employee who win be employed full-time on the contract to agree, as a condition of his participation in such work, that he viu not perform consultant or other comparable empicyment services for another Conunission cost-type contractor under its contract with the Commission except with the prior approval of the contractor. 50. SAFETT, EEALTR, AND FIRE PROTICTION (9-7.5006-47) The contractor shall take an reasonable precautions in the perfor=ance of the work under this contract to protect the health and safety of employees and of members of the public and to minimize danger from an hazards to life and property and shan comply with an health, safety, and fire protection regulations and requirements (including reporting requirements) of the Conmiission. In the event that the contre:cor fails to comply with said regulations or requirements of the Commission, the Centracting Officar may, without prejudice to any other legal or contractual rights of the Commission, issue an cier stopping an or any part of the work; thereafter 2 start order for re.sumptica of wr.rk may be issued at the discretion of the Contracting Officer. The contractor shall make no 'laim for an extension of time or for compensation or damages by reasen of or in connection with such work stoppage. 51. SECURITY (9-7.5004-n Modified) (Applicable if Restricted Data or Classified information is involved) (a) Contractor's duty to safeguard Restricted Data, Termerly Restricted Data, and other classified information. The Contractor shall, in accordance with the Nuclear Regulatory Commission's security regulations and requirements, be responsible for saf eguarding Restricted Data, Formerly Restricted Data, and other classified information and protecting against sabotage, espionage, loss and theft, the classified documents and material in the contractor's possession in connection with the performance of work under this contract. Except as otherwise expressly provided in this contract, the contractor shall, upon com-plation or termination of this contract, transmit to the Commission any classi-find matter in the possession of the contractor or any person under the con-traccor's control in connection with the performance of this contract. If retention by the Contractor of any classified matter is required af ter the completion or termination of the contract and such retention is approved by the Contracting Officer the Contractor win complete a certificate of possession to be furnished to the Nuclear Regulatory Commission specifying the classified matter to be retained. The certification shan identify the

l items and types or categories of matter retained, the conditions governing the retention of the matter and the period of retention, if known. If the j retention is approved by the Contracting Officer, the security provisions of the contract viu continue to be applicable to the matter retained. (b) Regulations. The Contractor agrees to confora to all security regula-tions and requirements of the Commission. i (c) Definition of Restricted Data. The term "Eastricted Data." as used in this clause, means an data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shan not include data declassified or removed from the Restricted Data category pursuant to section 142 of the Atomic Energy Act of 1954, as amended. (d) Definition of Formerly Restricted Data. The term "Formet & Restricted Data," as used in this clause, means an data removed from the Restricted Data category under section 142 d. of the Atomic Energy Act of 1954, as amended. (e) Security clearance of personnel. The Contractor shan not permit any individual to have access to Restricted Data Formerly Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Connission's regulations or requirements applicable in the particular type or category of classified information to which access is required. (f) Crhwl Liability - It is understood that disclosure of Restricted Data, Formerly Restricted Data, or other classified information relating to the work or services ordered hereunder to any person not entitled to receive it, or failure to safeguard any Restricted Data, Formerly Restricted Data, or other classified matter that may come to the Contractor or any person under the con-tractor's control in connection with verk under this contract, may subject the contractor, its agents, employees, or subcontractors to criminal liability under the laws of the United States. (See the Atomic Energy Act of 1954; as amended, 42 U.S.C. 20n et seq.; 18 U.S.C. 793 and 794; and Executive Order n652.) (g) Subcontracts and purchase orders. Except as otherwise authorized in writing by the Contracting Officer, the contractor shan insert provisions similar to the foregoing in au subcontracts and purchase orders under this contract. (h) In the performance of the work under this contract, the contractor shan assign classifications to an documents,' material, and equipment originated or generated by the Contractor in accordance with classification guidance furnished to the contractor by the Commission. Every subcontract and purchase order issued hereunder involving the origination or generation of classified documents, material, or equipment shall include a provision to the effect that in the performance of such subcontracts or purchase orders the subcontractor er supplier shall assign classifications to all such documents, material and equipment in accordance with classification guidance furnished to such subcon-tractor or supplier by the contractor. S 5 e

. 52. CONTRACTOR'S ORGANIZATION (9-7.5006-6) (a) Ornanization Chart. As promptly as possible after the execution of this contract, the contractor shan furnish to the Contracting Officer a chart showing the names, duties, and organization of key personnel to be employed in connection with the work, and 'shan furnish from time to time supplementary information reflecting changes therein. (b) Supervisina representative of contractor. Unless otherwise directed by the Contracting Officer, a competent fun-time resident supervising repre-sentative of the contractor satisfactory to the Contracting Officar shall be in charge of the work at the site at all times. (c) The contractor shall be responsible for mainemining satisfactory standards of employee competency, conduct, and integrity and shall be responsible for taking such disciplinary action with respect to his employees as may be necessary. Thd contractor shan establish such standards and procedures as are necessary to implement effectively the provisions set forth in AECPR 9-12.54, and such standards and procedures shan be subject to the approval of the Contracttag officer.

53. PRIVATE USE OF CONTRACT INFORMATION AND DATA (9-7.5006-59)

Except as specificany authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnished the contractor in the performance of this contract, shall be used only in connecticu with the work under this contract. 54 DRAWINGS, DESIGNS, SPECIFICATIONS (9-7.500613) An drawings, sketches, designs, design data, specificaticus, notebooks, technical and scientific data, and a u photographs, negatives, reports, findings, recommendations, data and memoranda of every description relating thereto, as well as au copies of the foregoing relating to the work or any part thereof, shan be subject to inspection by the Commaission at an reasonable times (for which inspection the proper facilities shall be afforded the Comatission by the contractor and its subcontractors), shan be the property of the Government and may be used by the Government for any' purpose whatsover without any claim on the part of the contractor and its subcontractors and vendors for additional ) compensation and shall, subject to the right of the contractor to retain a copy of said material for its own use, be delivered to the Government, or otherwise disposed of by the contractor either as the Contracting Officer may from time I to time direct during the progress of the work or in any event as the Contracting officer shan direct upon completion or termination of this contract. The contractor's right of retention and use shall be subject to the security, patent, and use of infornation provisions, if any, of this contract. ---e-4 r 9 m--

~ , 55. CONTRACTOR PROCUEDD- (9-7.5006-29) (a) The Comeission reserves the right at any tiac to require that the contractor submit for approval any or au procurements under this contract. The contractor sha.M not procure any itan whose purchase is expressly prohi-bited by the written direction of the Cran:ission and shan use such special and directed procurement sources as may be expressly required by the Coun:ission. The contractor shan, if requested by the Contracting Officar, provide information concerning procurement methods, practices, and procedures used or proposed to be use' W sha.n use methods, practices, and procedures which are acceptable to the Conc:ission. Procurement arrangements under this contract shan not relieve the contractor of any obligation under this contract (including, among other things, the obligation to properly supervise, ehister, and coordinate the work of subcontractors) and shall be in such fora and contain such provisions as are required by this contract or as the Coun:ission may prescribe. (b) Procurement or transfer of equipment, materials, supplies, or services from a contractor-controlled source (any division or other organiza-tional component of the prime contractor (exclusive of the contracting component) and any subsidiary or affiliate of the contractor under a common control) shan be considered a procurement fer the purposes of this article.

56. PRETIIDiCE FOR U.S. FLAG AIR CARPT7M (1-1,323-2)

(a) Pub. L. 93-623 requires that all Federal agencies and Government con-tractors and subcontractors viu use U.S. flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent service by such carriers is available. It further provides that the Comptroner General of the United States shan disanow any expenditure from appropriated funds for international air transportation on other than a U.S.' flag air carrier in the absence of satisfactory proof of the necessity therefor. (b) The contractor agrees to utilise U.S. flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent service by such carriers is available. (c) in the event that the contractor selects a carrier other than a U.S. flag air carrier for international air transportation; he win include a certifica-tion on vouchers involving such transportation which is essentially as fellows: CERTITICATION OF UKAVAILAEILITY OF U.S. TLAG LIR CARP.IERS I hereby certify that transportation service for personnel (and their personal eff ects) or property by certificated air carrier was unavailable for the following reasons:2 (state reasons) ^ See Federal Procurement Regulations (41 CTR 1-1.323-3) or section 1-336.2 of the Armed Services Procurement Regulations, as applicable. b e e, W

m y , (d) The terns used in this clause have the following neanings: (1) " International air transportation" means transportation of persons (and their personal effects) or property by air between a place in the United States and a place outside thereof or between two places both of which are outside the United States. (2) "U.S. flag air carrier" means one of a class of air carriers holding a certificate of public convenience and necessity issued by the Qivil Aeronautics Board, approved by the President, authorizing operations between the United States and/or its territories and one or more foreign countries. (3) The term " United States" includes the fifty states, Commonwealth of Puerto Rico, possessions of the United States, and the District of Colunbia. (a) The contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase hereunder which may involve inter-national air transportation.

57. AUTHORIZZD REPRESENTATIVE

) The Contracting Officer may designate an authorired representative under this contract for the purpose of assuring that services required under the contract are l ordered and delivered in acccrdance therewith. Such representative as say be appointed will be specifier.11y designated in writing to the Contractor from the j Contracting Officer, including the extent of such designee's authority.

E D . 55. STOD WORK ORDER (3) The Contracting Officer may, at any time, by written order to tne Contractor, require the Contra: tor to stop all, or any part, of the work called for hy this contra:: for a period of ninety (90) cays after the orcer is delivered to the Contractor, and for any further oeriod at which tne parties may agree. Any su:n order shall be spe:ifically identified as a Stop Work Order issued purt. vent to'this clause. Upon receipt of such an orcer, the Contractor st;11 forthwith comply with its terms and take all reasonable steps to minimitt thz incurren:e of costs allocable to the work covered by the order during the period of work stoppage. Within a period of ninety (90) days after a stop work order is deliverad to the Contractor, or within any extension of that period to which the parties snall have agreed, the Contractor Officer shall either: (i) cancel the stop work order, or (ii) terminate the work covered by such order as provided in the " Default" or the " Termination for Convenien:e" clause of this contract. (b) If a stop work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. An equitable adjustment shall be made in the delivery schedvie, the estimated cost, the fee, or a combination thereof, and the contract shall be modified in writing accordingly, if: (i) the stop work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract, and (ii) the Contractor asserts a claim for such adjustment within thirty (30) days after the end of the period of work stoppage; provided that, if the Contracting Officer decides the facts justify such action, he may receive and act upon any such claim asserted at any time prior to final payment under this contract. (c) If a stop work order is not canceled and the work covered by such order is terminated for the convenience of the Government, the reasonable costs resulting from the stop work order shall be allowed in arriving at the termination settlement. (d) If a stop work order is not cancelled and the work covered by such order is terminated for default, the reasonable costs resulting from the stop work order shall be allowed by ecuitable adjustment or otherwise. l I \\ i l 4 h "I 6

9 c . ~ > ', .g7 59. PUBLICATION AND PUBLICITY Unless otherwise specified in this contract, the Contractor is encouraged to publish and make available through accepted channels the results of its work under this contract. The Contractor shall submit a copy of eacn article or other information to the project Officer orier to publication ) or dissemination for. public use. If the article or other infomation is subsequently modified or altered in any manner, the Contractor snall pr0motly notify the project Officer and furnish him/her a copy of the ) article or other information as finally submitted for publication or dissemination. The Contractor shall acknowledge the support of the U. S. Nuclear Regulatory Commission whenever publicizing the work under this contract 1 in any media. To effectuate the foregoing, the Contractor shall include j in any publication resulting from work performed under this contract an acknowledgement substantially as follows: "The work upon which this publication is based was perfomed pursuant to Contract (insert number) with the (insert name of constituent agency), U. S. Nuclear 1 Regt:1atory Comission." Either Clause No. 60. entitled " Dissemination of Centract Infomation" or Clause No. 59. is for application but not cotn. In the aosence of a clear delineation, Clause No. 59. applies. 60. DISSEMINATICM OF CONTRACT INFORMATION The Contractor shall not publish, permit to be published, or distribute for public consumption, any infomation, oral or written, concerning the results of conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. (Two copies of any material proposed to be published or distributed shall be submitted to tne Centracting Officer.) Failure to comply with this clause shall be grounds for termination of this contract.

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l i l i -6B-61. WORK FOR OTHERS ) Notwitnstanding any other provision of this contra::, during the term of this contract, the contractor agrees to forego entering into consulting, or other contractual arrangements with any' firm or organi:ation, j the result of wtlen may give rise to an a:tual or apparent conflict of interest witn respect to the work being performed unoer this contract. The contractor shall insure that all employees designated as key personnel if any, under this contract abide by the provisions of this clause. If the contractor believes with respect to itself or any su:h employee that any proposed consultant or other contractual arrangement with any firm or organi:ation may involve a possible conflict of interest, the contractor shall obtain the written approval of the Contra: ting Officer prior to execution of such contractual arrangement. E e l l k 9}}